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(영문) 창원지방법원 2018.07.19 2017가단114491
손해배상(기)
Text

1. The Defendant’s KRW 13,00,000 as well as 5% per annum from September 24, 2017 to July 19, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on November 20, 200.

B. From December 2014, the Defendant, despite being aware of C’s spouse by marriage, had committed unlawful acts, such as joining Korea and overseas travel from around December 2014, and text messages and telephone calls.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1 through 8 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The defendant's act constitutes a tort in which the third party's act constitutes a tort against the plaintiff, and the defendant's act constitutes a tort against the plaintiff, which constitutes a tort against the plaintiff, and the defendant has a duty of monetary compensation for mental suffering suffered by the plaintiff.

As to this, the defendant asserts to the effect that since the marital life of the plaintiff and C has actually broken down before the act of misconduct with C, the tort liability against the plaintiff is not established. However, each statement of evidence Nos. 1 and 2 alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the defendant's above assertion is not accepted.

Furthermore, with regard to the amount of consolation money, the amount of consolation money shall be determined at KRW 13,00,000, considering various circumstances shown in the pleadings of the instant case, such as health group, the marriage period between the Plaintiff and C, the content and duration of the misconduct committed by the Defendant and C, and the influence of the misconduct on the family relationship.

B. Accordingly, according to the theory of litigation, the defendant is liable to pay consolation money of KRW 13,00,000 to the plaintiff as well as for this, and as the plaintiff seeks after the date of service of a copy of the complaint of this case, from September 24, 2017 to the date following the date of service of a copy of the complaint of this case.

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