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(영문) 서울서부지방법원 2016.12.20 2016가단218846
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 14, 2016 to December 20, 2016.

Reasons

1. Basic facts

A. The plaintiff is the legal spouse of C (D) and C who completed the marriage report on November 29, 2005.

B. From around 1999, the Defendant was known to C with C, and C knew that it was the father-Nam, and even she was living together with C in the U.S. around the end of 2015.

C. Upon C’s divorce with the Plaintiff or notification of the absence of intention to marry with the Defendant, the Defendant sent to the Plaintiff the pictures stamped as C around December 31, 2015, followed by her return to Korea, and sent a text message stating the relationship between C and the Defendant around January 2, 2016.

Until April 2016, the Defendant sent C e-mail expressing that the remaining remains.

[Ground of Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 4-9, Gap evidence 1-1-2, Gap evidence 11-1-2, Gap evidence 12-1, 2-2, Gap evidence 13, Gap evidence 15, Gap evidence 16, and the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above 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 or interfering with the plaintiff's common life of the married couple and infringing on his/her rights as his/her spouse, thereby suffering mental suffering, and thus, he/she is liable to compensate for mental

On the other hand, considering the fact that C appears to have actively experienced to the Defendant by purchasing the U.S. flight craft pockets, and the fact that the marriage relationship between the Plaintiff and C does not reach the bankruptcy, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 15,00,000.

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