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(영문) 광주지방법원 2020.11.12 2020가단522940
손해배상(기)
Text

The defendant's KRW 10,00,000 for the plaintiff and 5% per annum from July 14, 2020 to November 12, 2020 for the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legally married couple who completed a marriage report with C on December 5, 2014, and has one child under his/her chain.

B. From February 2020 to June 2020, the Defendant knowingly committed a fraudulent act with C while being aware that C is a spouse.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse of the married couple, thereby causing emotional distress to the spouse constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the above acknowledged facts, the Defendant committed an unlawful act with C, knowing that the spouse is a spouse, thereby infringing on the Plaintiff’s community life or interfering with the maintenance thereof, and thereby causing emotional distress to the Plaintiff, and thus, is liable to compensate for the Plaintiff’s emotional distress.

B. In full view of all the circumstances indicated in the records and arguments in the instant case, including the scope of damages and the marriage period and family relationship between the Plaintiff and C, the content, period and degree of the unlawful act committed by the Defendant and C, the Defendant’s unlawful act was affected by the Plaintiff and C’s marital life between the Plaintiff and C, and the circumstance before and after the instant lawsuit, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the

(Plaintiff is seeking consolation money of KRW 30,010,000, but it is not accepted in excess of the above recognized amount).

Therefore, the defendant's duty of performance is determined from July 14, 2020, which was the day following the delivery date of a copy of the complaint of this case sought by the plaintiff as a result of the illegal act against the plaintiff, and since 10,000,000 won.

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