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(영문) 춘천지방법원강릉지원 2020.01.22 2019가단2571
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as 5% per annum from August 22, 2019 to January 22, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legal couple who completed the marriage report on May 13, 1987.

B. From the beginning of 2019, the Defendant and C exchanged with D and C in telephone calls, etc. for several months, and exchanged with Ghana.

[Ground of recognition] Facts without dispute, Gap 1 through 10, 12 through 14, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context refers to not limited to gender relations, but to all acts that are not faithful to the husband’s duty of good faith, and whether such acts are illegal or not shall be evaluated in consideration of the degree and circumstances depending on specific cases.

(See Supreme Court Decision 87Meu5, 87Meu6 delivered on May 26, 1987, etc.). In light of the above legal principles, the defendant, even though he/she is aware that he/she is a spouse of E, committed an unlawful act that enables E to communicate with E, make a verbal expression by communicating with E, and talks, etc., is recognized as above, and the defendant does not interfere with the above recognition by only the descriptions in subparagraphs 1 through 5 of subparagraph 1-5.

(A) In the first written reply, the Defendant was the person who did not ask the Plaintiff whether he was a father or not, and was naturally aware of it in the course of talking. This constitutes a tort against the Plaintiff, and it is obvious in light of the empirical rule that the Plaintiff suffered from severe mental pain due to such an act.

The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

B. As to the amount of consolation money within the scope of liability for damages, the health team, the marriage period between the Plaintiff and C, and the Defendant.

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