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(영문) 의정부지방법원 2016.10.05 2016가단105596
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 5, 2016 to October 5, 2016, and the following.

Reasons

1. Establishment of liability for damages;

A. A third party of the relevant legal doctrine shall not interfere with a married couple’s community life, which falls under the essence of marriage, by intervening in a couple’s community life of another person and causing failure of a couple’s community life.

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.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014).B.

In fact, the Plaintiff established a relationship with C from the beginning of 2013, and maintained de facto marriage (D’s birth date is E) from the time when C was pregnant with his/her father.

From June 2014, the Defendant first became aware of C through the Internet site called “F”.

Since then, C directly met with the offline regular meeting, and C continued to communicate until July 2015 with the knowledge that his spouse in a de facto marital relationship was a de facto spouse, and committed unlawful acts such as entering into a sexual relationship.

[Reasons for Recognition] Facts without dispute, Gap 2, 3, and 4's evidence 12, 9's evidence, 10-12's evidence, the purport of the whole pleadings

C. According to the above facts of recognition, the defendant is liable to compensate for mental damages suffered by the plaintiff, since C, even though he was aware of a de facto marital relationship with the plaintiff, committed an unlawful act, thereby infringing on the plaintiff's common life or interfering with the maintenance thereof, and infringed on the plaintiff's right as his spouse, thereby suffering mental pain.

2. Considering the various circumstances revealed in the pleadings of the instant case, such as the scope of liability for damages and the period of marriage between the Plaintiff and C, the period of wrongful act between the Defendant and C, and the fact that the marital relationship between the Plaintiff and C seems to have been actually broken down, the amount of consolation money shall be set at KRW 25,00,000.

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