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(영문) 수원지방법원 성남지원 2017.01.25 2016가단224168
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from October 27, 2016 to January 25, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported their marriage on May 4, 1990 and have two adult children.

B. Around 2007, the Defendant began to meet with the branch through the introduction of the branch, and entered into a sex relationship.

C. Around 2009, the Plaintiff became aware of the fact that C is in alliance with the Defendant, and the Defendant made a claim against the Defendant. However, the Defendant continued to maintain the relationship with C while meeting C by October 2014.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 6, Gap's evidence 9, the purport of whole pleading, and the purport of whole pleading

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant committed an unlawful act with C, the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C, or interfering with its maintenance, thereby causing mental pain to the Plaintiff. This constitutes tort against the Plaintiff.

Therefore, the defendant is obligated to pay consolation money to the plaintiff due to the above illegal act.

As to the amount of consolation money, it is reasonable to determine consolation money as KRW 15,00,000 in consideration of all the circumstances shown in the pleadings, such as the health team, the fact of the recognition thereof, and the degree and period of misconduct committed by the defendant and C, the details thereof, the marriage period and family relationship between the plaintiff and C, and the influence of the defendant's improper act on the plaintiff'

Therefore, the defendant shall pay to the plaintiff consolation money of KRW 15,00,000 and the plaintiff 15,000,000 per annum from October 27, 2016 to January 25, 2017, which is the day following the delivery date of a copy of the complaint of this case.

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