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(영문) 광주지방법원순천지원 2020.02.13 2019가단78491
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000, and the Plaintiff’s annual interest from August 15, 2019 to February 13, 2020, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff and C completed the marriage report on October 5, 2009, and the Plaintiff and C had two children of 2010 and 2015.

B. The Defendant, with knowledge that C had his/her spouse from the beginning of the beginning of the beginning of the year of 2019, had been in contact with C with C, and committed an unlawful act by carrying out his/her duties as a member of the church in which C is in a religious relationship, such as holding his/her descendants and accompanying his/her descendants.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 5, 8, and 9 and the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, the Defendant, even though his/her spouse was aware of, committed an unlawful act with C with C, thereby infringing on and hindering the marital life between the Plaintiff and C, thereby infringing on the rights of the Plaintiff’s spouse, thereby causing mental distress to the Plaintiff. Accordingly, the Defendant is liable to compensate for mental damage suffered by the Plaintiff.

The defendant asserts that the marital relationship between the plaintiff and C has already reached the failure before the defendant's wrongful act, but it is not accepted as there is no evidence to acknowledge it.

B. Considering the various circumstances shown in the arguments, such as the content, degree, and period of fraudulent act between the defendant and C within the scope of liability for damages, the effect of the plaintiff's marital relationship, and the marriage period and family relationship between the plaintiff and C, the amount of consolation money shall be set at KRW 10 million.

Therefore, the defendant from August 15, 2019, which was the day following the delivery of a copy of the complaint of this case, to the plaintiff, as the plaintiff seeks.

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