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(영문) 수원지방법원 2021.02.25 2020가단538021
손해배상(기)
Text

The defendant is 5% per annum from September 5, 2020 to February 25, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C completed the marriage report on February 23, 2015.

B. The Defendant and C came to know through the Internet car page in 2018, and developed from the early 2019 to the annual relationship.

(c)

The defendant and C have a sexual intercourse and made telephone calls and maintained a relationship of annual relations.

The defendant and C repeatedly conflict with the other in the middle of the teaching system, and repeated to the other in the middle of the teaching system in 2020, and came to be hedging again around May 202.

Since then, in June 2020, the defendant's female students became aware of the inappropriate relationship between the defendant and C by contacting the plaintiff.

(d)

The defendant also notified the plaintiff that there was a fraudulent act with C, and sent a telephone call file with C.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 10, the purport of the whole pleadings

2. Determination

A. In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on a spouse’s right as a spouse, thereby causing emotional distress to the spouse, by committing an unlawful act (see Supreme Court Decision 201Meu 2997, Nov. 20, 2014). The fact that the Defendant, knowing that he/she had a spouse to C, was aware of the fact that he/she had a spouse, constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201). The Defendant’s act was as seen earlier, and the Defendant

It is reasonable to see that the plaintiff suffered a considerable mental loss in light of the empirical rule, so the defendant is liable to compensate for the mental loss suffered by the plaintiff.

B. As to the amount of damages (amount of consolation money), the Defendant shall pay to the Plaintiff in full view of all the circumstances shown in the instant pleadings, such as the health team, the period of marriage between the Plaintiff and C, the period when the Defendant processed the Defendant’s unlawful act, the form and degree thereof, the degree of impact of the said unlawful act on the Plaintiff and C’s marital relationship, and the circumstances before and after the instant lawsuit.

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