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(영문) 서울남부지방법원 2020.07.21 2020가단204869
손해배상(기)
Text

1. The defendant's KRW 18,00,000 and about this, 5% per annum from April 11, 2020 to July 21, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on December 6, 2019.

B. Around May 2019, the Defendant became aware of C engaged in the same industry, and subsequently, C knew of his/her legal spouse, and contacted C with C, and entered into a sexual relationship several times with C, knowing that C had a spouse.

[Fact that there has been no dispute] The fact that there has been no dispute, each entry in Gap's 1 through 7, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. 1) The occurrence and scope of liability for damages should not interfere with a married couple’s communal living falling under the essence of marriage by causing a failure of a married couple’s communal living by a third party to intervene in a married couple’s communal living. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with a married couple, and of infringing on the spouse’s right as a spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to the above recognized facts, it is reasonable to deem that the Defendant, even though he/she knows his/her spouse, thereby infringing on a married couple’s communal living falling under the essence of marriage between the Plaintiff and C, thereby interfering with the maintenance thereof, and infringing

In addition, it is clear from the empirical rule that the plaintiff suffered mental suffering.

Therefore, the defendant is liable for damages caused by illegal acts against mental suffering suffered by the plaintiff.

Furthermore, regarding the amount of consolation money, the arguments in this case, such as the circumstance and contents of the act of the defendant and C, the period of marriage and family relationship between the plaintiff and C, the defendant's attitude after the occurrence of the illegal act, the formation and maintenance of the illegal relation, and the influence of the illegal act on the plaintiff's marital life, etc.

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