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(영문) 울산지방법원 2015.08.26 2015가단51929
손해배상(기)
Text

1. The Defendant’s KRW 10 million with respect to the Plaintiff and the Plaintiff’s annual rate from March 14, 2015 to August 26, 2015, as follows.

Reasons

1. Facts of recognition;

A. The plaintiff completed the marriage report with C on May 15, 2006.

B. C around February 2012, the Defendant committed an unlawful act, such as talking with C from around 2011 to around February 2011, by stating that “The divorce is defective, love, one year later,” and the Defendant was called “Isri,” “Isri, Isri,” etc., with knowledge of the existence of C’s spouse.

C. The plaintiff maintains a marital relationship with C until now.

[Reasons for Recognition] Unsatisfy, Gap 1-12 evidence (including virtual number), the purport of the whole pleadings

2. Determination

(a) A third party shall not interfere with a marital community which corresponds to the nature of the marriage, such as interfering with a marital community of another person by causing a failure of the marital community;

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.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). B.

The defendant, by committing an unlawful act with the plaintiff's spouse, infringed on or obstructed the plaintiff's community life and suffered mental pain on the plaintiff.

The defendant's above misconduct constitutes a tort, and is obliged to pay the plaintiff money to the plaintiff.

The consolation money shall be determined as KRW 10 million in consideration of the period and degree of misconduct, degree of influence of misconduct on the Plaintiff’s common life, the Plaintiff’s marital relationship with his/her spouse, etc.

Therefore, the defendant shall pay to the plaintiff 10 million won with a copy of the complaint from March 14, 2015, which is deemed reasonable to dispute over the existence of the obligation or the scope thereof from March 14, 2015, to August 26, 2015, which is the date of adjudication, and shall be repaid from the following day.

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