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(영문) 서울중앙지방법원 2019.11.29 2019가단5102331
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate from June 21, 2019 to November 29, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on February 3, 2017.

The plaintiff and C have two children.

B. On January 1, 2019, the Defendant: (a) sent Lice at D; (b) delivered C with C; and (c) entered into a non-wheeled relationship with C, by being aware of C’s spouse, such as having sexual intercourse several times on February 2019, even though C was the spouse.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, 7, and 8, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant committed an unlawful act with C and C, which are the plaintiff's spouse, and infringed the plaintiff's common life with C and C. Accordingly, the plaintiff suffered mental suffering, and the defendant is liable to pay consolation money of KRW 30,000,100 and delay damages to the plaintiff as compensation for damages caused by such unlawful act.

B. The judgment of a third party shall not interfere with a married couple’s community life falling under the nature of the marriage, such as intervening in a couple’s community life of another person and causing the failure of the married couple’s community life.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(1) In light of the above facts, the Defendant, even though being aware of the spouse of C, committed an act of infringing upon the marital life of the Plaintiff and C and interfering with their maintenance, by maintaining a sexual intercourse with C around February 2019, while maintaining an inappropriate relationship with C, and caused mental suffering by the Defendant’s tort, and thus, the Defendant is obliged to pay a reasonable amount of consolation money to the Plaintiff.

With respect to the amount of consolation money, it shall be based on the health care unit, each of the evidence and arguments mentioned above.

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