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(영문) 울산지방법원 2019.06.18 2018가단71153
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from December 13, 2018 to June 18, 2019; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on May 1, 2017.

B. The Defendant knowingly committed an unlawful act, such as entering into a sexual intercourse between C and the Plaintiff, from August 2018 to October 201 of the same year, with the knowledge that the Defendant was married.

[Ground of recognition] A.1 to 7, each entry and video (including a serial number), the purport of the whole pleadings

2. Determination

A. Illegal act in the occurrence of liability for damages includes any act that is not faithful to the duty of good faith as a spouse, and whether it is an unlawful act as a broad concept rather than a so-called simple one should be evaluated in consideration of the degree and circumstances depending on each specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). Meanwhile, a third party’s act of infringing on or interfering with a couple’s community life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the health stand in the instant case, according to the facts acknowledged earlier, it is reasonable to evaluate that C committed a wrongful act, such as continuing to reach and reach the male, while having sexual intercourse with the Defendant. Since it is apparent in light of the empirical rule that the Plaintiff suffered considerable mental pain due to the Defendant’s participation in C’s wrongful act, the Defendant is obliged to pay for the emotional distress suffered by the Plaintiff in money.

B. As seen earlier, the Defendant shall compensate the Plaintiff for damages in consideration of all the circumstances indicated in the pleadings of the instant case, including the content, circumstance, and degree of the Defendant’s tort, the period and degree of the unlawful act committed by the Defendant and C, the impact of the unlawful act on the Plaintiff and C’s marital life, the Defendant’s attitude after the occurrence of the unlawful act, and the age of the Plaintiff and C

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