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(영문) 의정부지방법원 2019.10.15 2018가단137719
손해배상(기)
Text

1. The Defendant’s KRW 25 million to the Plaintiff and the Plaintiff’s 5% per annum from May 20, 2018 to October 15, 2019.

Reasons

1. Facts of recognition;

A. On March 16, 2015, the Plaintiff and C have one woman born as a legally married couple who completed the marriage report.

B. From March 2018, the Defendant came to know that he had been on duty in the same workplace with C, and came to know of the fact that he had been on duty in the same workplace. As from May 2018, 2018, C was developed into a male and female relationship with C with C, with the knowledge that he/she was a spouse, and entered into an inhuman relationship with C, such as having sexual intercourse with C and exchanging contact.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 11, purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party whose liability for damages is constituted shall not interfere with a married life falling under the nature of 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 Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). From around 2018 to around 2018, the Defendant, even though being aware that C was a spouse, committed an act infringing upon and interfering with the community life of both the Plaintiff and C by maintaining an inappropriate relationship with C and maintaining a sexual intercourse. As seen earlier, it is obvious that the Plaintiff suffered emotional distress due to the Defendant’s tort is in light of the empirical rule that the Plaintiff suffered emotional distress, and thus, the Defendant is obligated to go against this money.

B. As to the amount of consolation money within the scope of liability for damages, the period of fraudulent act between the Defendant and C, which is recognized based on the aforementioned evidence and the purport of the entire pleadings, the circumstances leading up to the Defendant’s fraudulent act, the details and degree of the fraudulent act, the Defendant’s attitude after the fraudulent act, the marriage period between the Plaintiff and C, and such fraudulent act.

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