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(영문) 서울동부지방법원 2018.10.26 2018가단119415
손해배상(기)
Text

1. The Defendant: (a) KRW 20 million to the Plaintiff; and (b) 5% per annum from June 21, 2018 to October 26, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse who completed the marriage report on August 6, 2016 with C and C.

B. Around May 2017, the Defendant met C during the swimming course, and committed unlawful acts, such as having been aware that C had a spouse from June 2017, 2017, with knowledge that C had a spouse, having continued to talked with C and having a sexual intercourse. Around April 2018, the Defendant also notified C and the Defendant of the unlawful acts in writing to the Plaintiff.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 9, purport of the whole pleadings】

2. Judgment on the parties’ assertion

A. A third party who made a judgment on the cause of a claim shall not interfere with a married couple’s communal living falling under the nature of marriage, such as intervening in a married couple’s communal living, causing the failure of a married couple’s communal living

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.). According to the health stand for the instant case, according to the facts recognized earlier, the Defendant committed an unlawful act with C and C, who is the Plaintiff’s spouse, thereby infringing the Plaintiff’s communal living and interfering with their maintenance, thereby causing mental pain to the Plaintiff, and thus, the Defendant is obliged to compensate the Plaintiff for the emotional distress inflicted on the Plaintiff.

As to the scope of damages that the Defendant is liable for, in full view of the following circumstances: (a) the period of marriage and marital life of the Plaintiff and C; (b) the background and period of marriage between the Defendant and C; (c) details and degree of an unlawful act; (d) the degree of failure of the marital life caused by an unlawful act; and (e) the Defendant’s attitude after an unlawful act, etc., the amount of consolation money to be paid to the Plaintiff is reasonable.

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