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(영문) 수원지방법원 안산지원 2018.12.20 2018가단61256
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from August 14, 2018 to December 20, 2018; and (b).

Reasons

1. Facts of recognition;

A. The plaintiff is a legal spouse of C and C who completed the marriage report on October 13, 2004, and has two children under their chains.

B. From April 2016, the Defendant entered into an illegal relationship with C with the knowledge that C is a spouse.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination

A. A) A third party’s liability for damages does not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing failure of the couple’s communal living. A third party’s act of infringing a couple’s communal living falling under the essence of marriage by committing an unlawful act with one of the married couple, interfering with maintenance thereof, and infringing a spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In principle, in light of the above legal principles, the act of causing emotional distress to the spouse constitutes tort (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 201). According to the above recognition, the Defendant knowingly

Therefore, the defendant is obligated to pay the plaintiff monetary compensation for the mental suffering suffered by the plaintiff.

B. In full view of all the circumstances revealed in the arguments in the instant case, including the scope of liability and the period and contents of marital life between the Plaintiff and C, the content and duration of the Defendant’s misconduct, and the Defendant’s attitude after the Defendant’s occurrence of fraudulent act, it is reasonable to determine the amount of consolation money as KRW 20,000,000.

C. According to the theory of lawsuit, the defendant is entitled to KRW 20,000,000 for the plaintiff as the plaintiff's tort after the date of the lawsuit.

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