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(영문) 수원지방법원 2019.08.22 2019가단500174
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from February 9, 2018 to August 22, 2019 to the Plaintiff.

Reasons

Facts of recognition

On August 9, 2011, the Plaintiff had two children as a married couple and two children.

Since October 2017, the defendant sent C C's work partner card to C, and entered C's accommodation on January 7, 2018 and February 9, 2018.

[Based on recognition, the third party who is liable to compensate for damages arising from the determination of the purport of Gap's evidence and the whole pleadings shall not interfere with the marital community falling under the essence of marriage by participating in the marital community of another person, thereby causing failure of the marital community.

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.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, it is reasonable to view that the Defendant committed an unlawful act with knowledge that C is a spouse, and thereby, the Defendant committed an act of infringing the Plaintiff’s communal living or interfering with the maintenance thereof, thereby causing serious mental pain to the Plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

B. As to the amount of consolation money to be paid by the Defendant to the Plaintiff, the amount of consolation money to be paid by the Defendant shall be determined as KRW 12,00,000,00 in consideration of all the circumstances, including the health team, the period of marriage and family relationship of the Plaintiff and C, the content, degree and period of the unlawful act of the Defendant and C, the impact of the unlawful act on the Plaintiff’s marital life, and the degree of contribution

Therefore, the defendant shall serve the plaintiff 12,00,000 consolation money and a copy of the complaint of this case as claimed by the plaintiff after the date of tort.

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