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(영문) 인천지방법원 2018.10.05 2018가단207778
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 23, 2018 to October 5, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse who completed the marriage report on November 30, 2006 with Nonparty C.

B. The Defendant had an inhumane relationship for more than two years, such as having been aware of the relationship between C and the workplace, several times, etc.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant is liable to compensate for mental damages suffered by the Plaintiff, inasmuch as C, even though having knowledge of the fact in a marital relationship with the Plaintiff, committed an unlawful act, thereby infringing on or interfering with the Plaintiff’s communal life, infringing on the Plaintiff’s right as the Plaintiff’s spouse, thereby suffering from mental pain.

B. Considering the period of marriage and family relationship between the Plaintiff and C, the period of misconduct and content of the Defendant and the degree of failure in marriage, etc., which are recognized by comprehensively taking account of each of the above evidence and the purport of the statement in subparagraph 1 as well as the whole of the pleadings, the amount of consolation money shall be determined at KRW 15,00,000.

C. Accordingly, according to the theory of lawsuit, the Defendant’s defense as to the existence and scope of the Defendant’s performance obligation from February 23, 2018, which was the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, as the damages amounting to KRW 15,00,000, and since the date of tort, is the date of adjudication of this case, which is the date of adjudication of this case.

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