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(영문) 서울남부지방법원 2021.02.18 2020가단249862
손해배상(기)
Text

1. The defendant's KRW 20,000,00 and about this, 5% per annum from July 30, 2020 to February 18, 2021 to the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who completed the marriage report with C on June 10, 2004, and has two minor children among them.

B. The defendant knew that C has a spouse, from May 2020, the same year from around the same year.

7. From time to time, police officers maintained an unlawful relationship with C by giving and receiving text messages containing obscene content, including having sexual intercourses with C, and sending and sending them.

(c)

On June 2020, the Plaintiff became aware of the relationship between the Defendant and C, but maintains the marital relationship with C, considering minor children.

[Ground of recognition] The evidence Nos. 1 through 21, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. In principle, a third party who has established liability for damages by committing an unlawful act with a spouse, thereby infringing on or interfering with the common life of the couple falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201, etc.). According to the above acknowledged facts, the Defendant committed an unlawful act with C, the Plaintiff’s spouse, thereby infringing on the common life of the couple between the Plaintiff and C, and causing mental pain to the Plaintiff by interfering with the maintenance thereof.

Since it is reasonable to see that the defendant has a duty to pay monetary compensation for mental damage suffered by the plaintiff.

B. The scope of liability for damages is set at KRW 20,000,000 in consideration of various circumstances revealed in the pleadings, such as health care, the background and contents of the tort, the influence of the tort on the Plaintiff’s marital relationship, the degree of mental suffering suffered by the Plaintiff, and the circumstances after the tort in this case.

Therefore, the defendant's 20,000 won and 20,000 won to the plaintiff.

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