(영문) 서울북부지방법원 2019.09.25 2019가단119791

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(영문) 서울북부지방법원 2019.09.25 2019가단119791

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from May 24, 2019 to September 25, 2019 to the Plaintiff.

Reasons

1. Facts of recognition ① The Plaintiff and C are married couple who completed the marriage report on March 29, 2002, and have two children under their chains.

② In February 2012, the Defendant knowingly known that C had a spouse, and prepared a letter to the effect that C would not meet or contact C on May 25, 2012, and deliver it to the Plaintiff.

③ Even after preparing each letter, the Defendant and C sent text messages several times in 2013, and received text messages from time to time until the Plaintiff was discovered on April 2019. In particular, C visited the address of the apartment that the Defendant resided several times during the period from March 24, 2016 to August 9, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. In principle, a third party who has a liability for damages commits an unlawful act with the husband and wife, thereby infringing on a couple’s communal life or hindering the maintenance thereof and causing mental pain to the spouse, constitutes a tort.

According to the above facts, since the defendant can be found to have committed a fraudulent act with C knowing that he/she has a spouse, the defendant is liable to compensate for the damages incurred by the plaintiff, who is the spouse of C.

B. As to the amount of consolation money within the scope of liability for damages, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 20,000,000, considering all the circumstances revealed in the proceedings of the pleadings of the instant case, such as health group, the period of marriage and family relationship of the Plaintiff and C, the period and degree of fraudulent act between the Defendant and the C, the influence of the fraudulent act on the

Therefore, the defendant shall pay consolation money to the plaintiff KRW 20,000,000 and this case.

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