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(영문) 수원지방법원 평택지원 2018.11.27 2018가단4067
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 18, 2018 to November 27, 2018.

Reasons

1. Determination as to the cause of claim

A. A third party shall not interfere with a married couple’s communal living which is equivalent to the nature of the marriage, such as interfering with a couple’s communal living by causing the failure of a married couple’s communal living.

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.

Comprehensively taking account of the overall purport of pleadings in the video recording files of Gap evidence Nos. 1 through 5, Gap evidence Nos. 1 through 7 (including paper numbers), and Gap evidence Nos. 12, the plaintiff living together with C for a period of six years, and completed the marriage report on Oct. 15, 2015, and the two were born on Oct. 10, 2017; the defendant was aware that Eul was a spouse; the defendant met C from 2017 to 2017, and had sexual intercourse; and C voluntarily concealed on Feb. 16, 2018.

According to the above facts of recognition, the defendant is liable to pay consolation money to the plaintiff, since it is obvious in light of the rule of experience that the plaintiff suffered emotional distress and thereby the plaintiff suffered emotional distress.

B. Furthermore, with regard to the amount of consolation money, the amount of consolation money shall be determined at KRW 15,00,000 in consideration of all the circumstances shown in the pleadings of the instant case, such as the health team, the living together with the Plaintiff and C, the period of marriage, the existence of a child under the chain, the period in which the Defendant continued to commit an unlawful act with C, the details and degree of the unlawful act, the degree of family inequality caused thereby, and the death

Therefore, the defendant's 15,00,000 won and its 15,000 won against the plaintiff are disputed as to the scope of the defendant's obligation from July 18, 2018, which is the day following the delivery date of a copy of the complaint in this case.

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