(영문) 창원지방법원 2019.04.10 2018가단120486

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(영문) 창원지방법원 2019.04.10 2018가단120486

손해배상(기)

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1. The Defendant’s KRW 13,00,000 as well as 5% per annum from November 28, 2018 to April 10, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on July 16, 2004, and have one child (2005 birth) between them.

B. According to the statement of Gap evidence 8-5 (mail) for a period of not less than one year from January 2018 to one year after being aware that the defendant had a husband due to marriage C, the defendant and C are recognized to have ever provided a teaching system for at least one year.

In the meantime, misconduct such as sex relationship with C was committed.

C. On April 16, 2018, the Defendant’s wife D filed a divorce lawsuit against the Defendant and a lawsuit claiming damages against C (Ulsan Family Court 2018ddan2299) and withdrawn the lawsuit with respect to C by receiving the amount of KRW 13,00,000,000, and the Defendant’s decision of recommending reconciliation was finalized on August 28, 2018.

【Ground of recognition】 Evidence Nos. 1 through 8, 1 and 2 (including paper numbers), and the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable to pay consolation money (i.e., the husband and wife’s act of misconduct with the husband and wife, thereby infringing on the couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes a tort. Therefore, the third party is liable to pay consolation money for mental pain inflicted upon the spouse.

According to the above facts and legal principles, the defendant's act of misconduct, such as the plaintiff's wife C and sexual intercourse, constitutes a tort against the plaintiff. Thus, the defendant has a duty to avoid mental suffering suffered by the plaintiff.

D. The amount of consolation money to be paid by the Defendant to the Plaintiff is KRW 13,00,00,000, taking into account all the circumstances shown in the argument of the instant case, taking into account the following: (a) the amount of consolation money to be paid to the Plaintiff, the Defendant, the age and family relations of the Plaintiff, C, the marriage period of the Plaintiff and C, the details and duration of the unlawful act committed by the Defendant

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