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(영문) 서울중앙지방법원 2020.10.16 2019가단5299709
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 18,00,000 as well as 5% per annum from March 25, 2020 to October 16, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse who completed the marriage report with C on August 11, 2010, and has two minor children (2015 students, 2017) between C and C.

B. The Defendant, despite being aware of the fact that C is a spouse’s child, conspiredd with C from around the summer of 2018 to November 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 32, purport of the whole pleadings

2. Determination

A. In principle, the act of infringing on or interfering with the common life of the married couple falling under the essence of the marriage by a third party who has occurred in the place of compensation for damages or the head of the office or the head of the office, and infringing on the right as the spouse and causing mental pain to the spouse constitutes a tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the foregoing facts, the Defendant, even though he/she is a spouse, committed an unlawful act with knowledge that he/she is a spouse, thereby infringing on the Plaintiff’s communal living or interfering with the maintenance of the Plaintiff’s marital life and infringing on the Plaintiff’s right as his/her spouse. As such, the Defendant is obliged to compensate for mental damages

B. Considering all the circumstances revealed in the pleadings of the instant case, such as the content and circumstances of the instant wrongful act, the period of marriage and family relationship between the Plaintiff and C, and the impact of the instant improper act on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 18,00,000.

Therefore, the defendant is obligated to pay to the plaintiff 18,00,000 consolation money and damages for delay calculated by the ratio of 5% per annum under the Civil Act from March 25, 2020 to October 16, 2020, which is the date following the delivery date of the complaint of this case, to 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion, the plaintiff.

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