(영문) 인천지방법원 2018.12.28 2018가단248205

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(영문) 인천지방법원 2018.12.28 2018가단248205

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the annual rate of KRW 5% from September 21, 2018 to December 28, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff and C married on July 6, 2011, and under the chain, they have been married with the children of 2011 who were born in 2011 and are married with the children of 2013.

B. After the Defendant first met at an online game club meeting, from May 2017, the Defendant had been aware of his/her spouse, and even from around May 2017, sent and received text messages that suggest sexual intercourses or contain patriotisms from time to time, and continued to commit sexual intercourses (hereinafter “instant fraudulent act”) with the Plaintiff on September 6, 2018.

C. The Defendant recognized the fact that the instant misconduct was committed.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 11, video, purport of whole pleadings

2. The judgment of the third party shall not interfere with the marital life falling under the essence of the marriage by interfering with the marital life of the other party by causing a failure of the marital life, etc. The act of the third party to infringe on or interfere with the marital life falling under the essence of the marriage and to inflict mental pain on the spouse by infringing on the rights of the other party as the spouse by engaging in the marital life of the other party.

As long as the Defendant, even though being aware that C is a spouse, committed the instant wrongful act, thereby infringing on the Plaintiff’s common life or interfering with the maintenance thereof, thereby causing the failure of the Plaintiff’s matrimonial relationship, the Defendant is liable to compensate for severe mental suffering suffered by the Plaintiff in money.

Considering all the circumstances revealed in the arguments in this case, such as the marriage period and family relationship between the Plaintiff and C, the details and period of the instant misconduct, the influence of the unlawful act on the marital life of the Plaintiff and C, and the circumstances after the occurrence of the unlawful act, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 15 million.

The defendant is against the plaintiff.

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