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(영문) 의정부지방법원 고양지원 2021.01.13 2020가단85470
손해배상(기)
Text

1. The defendant paid KRW 20,000,00 to the plaintiff and the plaintiff 5% per annum from July 2, 2020 to January 13, 2021, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on January 13, 2005 and have one child.

B. On September 2019, C and the Defendant became aware of the fact that the Defendant was admitted to the Internet, etc. club affiliated with C.

Although the defendant knows that he had a spouse in C and C, from the end of April 2020 to the end of June 2020, the defendant maintained internal ties, such as making a trip to Jeju-do or making a move by indicating the reason for sexual dialogue through a mobile phone, etc.

[Ground for recognition] A without dispute, evidence of Gap 1-6, 16, 28, 29, 32 (including a number number; hereinafter the same shall apply), Eul 6, 7, 8, 16-18 evidence, and the purport of the whole pleadings

2. Determination

(a) A third party shall not interfere with a married couple’s communal living falling under the nature of marriage, such as where the third party is involved in a couple’s communal living, thereby causing the failure of a couple’s communal living.

In principle, a third party's act of infringing on or interfering with common life of both spouses falling under the essence of marriage and infringing on the rights of the spouse as the spouse and causing mental pain to the spouse shall constitute a tort.

2) According to the facts of recognition, the Defendant, even though he was aware that C had married with the Plaintiff, maintained a resistant relationship with C, thereby suffering from mental pain to the Plaintiff.

The defendant is liable to compensate for mental damage suffered by the plaintiff due to such tort.

B. In full view of all the circumstances shown in the pleadings of the instant case, such as the period of marriage between the Plaintiff and C, the details and degree of fraudulent act between C and the Defendant, the period, the Defendant’s fraudulent act was affected by the Plaintiff’s husband and wife’s communal living, and the Defendant’s attitude, it is reasonable to determine the amount of consolation money as KRW 20,000.

(c)

1) Determination of the parties’ assertion 1) The plaintiff on the plaintiff’s assertion is the defendant and C on September 2019.

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