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(영문) 수원지방법원 2018.10.18 2018가단515636
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from April 20, 2018 to October 18, 2018, and the following.

Reasons

Facts of recognition

The plaintiff is a legal couple who reported marriage on June 29, 2009 with C and the couple who reported marriage.

On May 2017, the defendant began with the teaching system and came into contact with C while being informed that C, who is a workplace partner, is a spouse.

[Ground of recognition] A without dispute, each entry in Gap evidence 1 through 6 (including evidence numbered), and a third party who is liable to compensate for damages, as a whole, shall not interfere with a marital community falling under the essence of marriage by intervening in a marital community of another person, causing the failure of a marital community, etc.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, it is reasonable to view that the Defendant committed an unlawful act with knowledge that C is a spouse, and thereby, the Defendant committed an act of infringing the Plaintiff’s communal living or interfering with the maintenance thereof, thereby causing serious mental pain to the Plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

As to this, the defendant asserts that the relationship between the plaintiff and C has already failed regardless of the defendant, and that the defendant is not liable for the obstruction of the maintenance of the above relationship.

However, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is rejected.

B. As to the amount of consolation money to be paid by the defendant, the health team, the marriage period and family relationship between the plaintiff and C, the contents, degree and period of the misconduct between the defendant and C, and the plaintiff's misconduct.

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