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(영문) 전주지방법원 2015.09.17 2015가단15759
상간자에 대한 손해배상
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 27, 2015 to September 17, 2015.

Reasons

1. Facts of recognition;

A. On December 15, 1995, the Plaintiff was a legally married couple who completed the marriage report with C on December 15, 1995, and two children between C and C.

B. Around June 2014, the Defendant became aware of C in a golf driving range. From July 2014 to July 2014, the Defendant, even with knowledge that C was in a state of marriage, maintained her relationship while maintaining her relationship with the awareness that C was in a state of marriage, and went through two times on or around December 20, 2014 and April 10, 2015.

C. On April 10, 2015, the Plaintiff confirmed the transit of C and demanded a divorce to C. On August 12, 2015, the Plaintiff had a divorce with C on August 12, 2015.

[Recognition] Facts without dispute, the purport of the whole argument

2. Occurrence of liability for damages;

(a) Where a person who has a spouse commits a adultery with another person who has a spouse, thereby causing the failure of the matrimonial relationship by removing, divorced from, or divorced from, his/her spouse, a third person who has committed a adultery with another person, shall constitute a tort against his/her spouse, and thereby, shall have the obligation to protect the spouse’s mental suffering;

B. (See Supreme Court Decision 2004Da1899 delivered on May 13, 2005).

According to the above facts, the defendant was aware that he is a spouse of C, and the plaintiff's marital relationship has reached the failure due to these acts by the defendant, and it is obvious in light of the rule of experience that the plaintiff had suffered a considerable mental suffering, so the defendant has a duty to pay a monetary penalty for the mental suffering suffered by the plaintiff.

3. The scope of liability for damages and the amount of consolation money that the Defendant is liable to compensate shall be determined as KRW 15,00,000, in consideration of various circumstances shown in the pleadings of the instant case, including the health class, the content, degree, and period of the unlawful act committed by the Defendant and C, the marriage period and family relationship between the Plaintiff and C, and the impact of the Defendant’s unlawful act on the Plaintiff’s common life.

Therefore, the defendant is liable for damages to the plaintiff.

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