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(영문) 의정부지방법원고양지원 2016.10.28 2016가단74213
손해배상(기)
Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate of 5% from June 4, 2016 to October 28, 2016, and the following.

Reasons

1. A third party who causes a defendant's liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a married couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). Comprehensively taking account of each description and the entire purport of the evidence set forth in subparagraphs 1 through 5 (including the number of branch numbers), the Plaintiff is legally married with C and is a married couple in 2010, and the Defendant has given and received, or continued to give and receive, the text message inappropriate to C from around 2015 (including the number of branch numbers).

Therefore, the defendant has a duty to pay the plaintiff a reasonable amount of consolation money, since it is obvious in light of the empirical rule that the plaintiff suffered mental pain and thereby the plaintiff suffered mental pain.

2. It is reasonable to determine consolation money as KRW 7,00,000 when comprehensively considering the following circumstances, namely, the Plaintiff and C’s age, the period of marriage, the existence of a slova’s child, the age of the Defendant’s child, and the Defendant’s child, which are more than C and inappropriate to be aware that C is a woman, the circumstance and degree of the unlawful act revealed in the record, the period, the period, the Defendant’s measures after the occurrence of the unlawful act, the degree of family inequality, and all other circumstances.

Ultimately, the Defendant’s claim against the Plaintiff for consolation money of KRW 7,00,000 and the existence and scope of the Defendant’s rights and obligations from June 4, 2016, the next day of the delivery of a copy of the instant complaint, as sought by the Plaintiff.

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