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(영문) 인천지방법원 2016.06.01 2015가단235550
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from September 19, 2015 to June 1, 2016 to the Plaintiff.

Reasons

1. A claim for damages;

(a) A third party shall not interfere with a marital life which corresponds to the nature of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.

There are evidence evidence Nos. 1 through 7, and the defendant acknowledged that it was prepared by the plaintiff's intimidation, but there is no evidence to acknowledge it.

In full view of each entry and the whole purport of the pleadings, the following facts are recognized:

1) On May 20, 201, the Plaintiff completed the marriage report with C on May 20, 201, and has been maintaining a marital life until now. 2) The Defendant brought about C and C to meet with his/her spouse from November 2010. Since being aware of C’s spouse due to marriage, the Defendant committed unlawful acts, such as entering into a sexual relationship, etc., while continuously communicating with C from September 2015 with his/her knowledge that C had a spouse.

C. According to the above legal principles and the above facts, the defendant's above act constitutes a tort against the plaintiff, and it is obvious in light of the empirical rule that the plaintiff had suffered considerable mental suffering. Thus, the defendant is obliged to compensate for mental damage suffered by the plaintiff.

2. Considering the various circumstances revealed in the pleadings of the instant case, such as the health room, the period of marriage between the Plaintiff and C, the period of wrongful act between the Defendant and C, and the marital relationship between the Plaintiff and C, as to the amount of consolation money, the amount of consolation money shall be determined at KRW 15,00,000.

3. According to the conclusion, the defendant is against the plaintiff.

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