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(영문) 대구지방법원경주지원 2016.11.29 2016가단12819
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and annual 5% from August 25, 2016 to November 29, 2016 to the Plaintiff.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6 (including paper numbers) and the whole purport of the pleadings:

Plaintiff and C are legally married couple who have a de facto marital relationship from around December 28, 2014, which completed the marriage report on November 24, 2015.

B. The Defendant, despite being aware that C had a spouse by marriage, began with C and committed an unlawful act from around 2015.

C. On June 1, 2016, the Plaintiff became aware of the relationship between C and the Defendant.

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple’s communal life falling under the nature of marriage, such as interfering with a couple’s communal life by interfering with another person’s communal life;

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, etc.). According to the aforementioned facts, the Defendant: (a) knowingly conspired with C with the knowledge that C is a spouse; and (b) constitutes an unlawful act infringing upon a couple’s community life contrary to the essence of marriage or interfering with the maintenance thereof; and (c) thereby infringing the Plaintiff’s right as the Plaintiff’s spouse, the Defendant is liable for the mental suffering suffered by the Plaintiff due to an unlawful act in money.

B. Taking account of various circumstances such as the above recognition scope of liability for damages, the period of marriage and family relationship between the Plaintiff and C, the content and duration of the unlawful act committed by the Defendant and C, and the impact of the unlawful act on the marriage between the Plaintiff and C, the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff is set at KRW 15,00,000.

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