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(영문) 울산지방법원 2017.08.22 2017가단57013
손해배상(기)
Text

1. The Defendant amounting to KRW 15 million to the Plaintiff and the Plaintiff’s annual rate from September 24, 2016 to August 22, 2017.

Reasons

1. Facts of recognition;

A. On May 18, 200, the Plaintiff and C have two children under the chain of law, who completed the marriage report on May 18, 200.

As of the date of the closing of argument in this case, the Plaintiff and C are still maintaining a matrimonial relationship as they did not complete the report of divorce.

B. The Defendant, as a lecturer of a driving school operated by C, became aware of C with C, and upon the completion of the Private Teaching Institutes Course, he was aware of the circumstances of C’s spouse due to marriage, brought forward to C by maintaining a friendly relationship, such as boarding the vehicle driven by C while returning home, or exchanging text messages from time to time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including a branch number), the overall purport of the pleadings [the defendant], the whole purport of the pleadings (the defendant's evidence Nos. 5 and 6 (recordings and records) are recorded in the vehicle owned by the defendant and C after the plaintiff installed a tape recorder in the vehicle owned by the defendant and C, so they are not admissible as evidence. However, under the Civil Procedure Act of Korea which adopts the principle of free evaluation of evidence, the above transcript cannot be considered inadmissible just because it recorded the conversation with the other party on the other party's land. Thus, the defendant's above argument

2. Determination

A. In principle, a third party's act of infringing on or interfering with a couple's communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant is determined to have inflicted mental pain on the Plaintiff by committing 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.

Therefore, the defendant is obligated to pay consolation money for tort to the plaintiff.

B. As above, the above.

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