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(영문) 대전지방법원 2018.05.24 2017가단224248
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from November 15, 2017 to May 24, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse who completed the marriage report with C on February 19, 2016.

B. As the workplace bonus of C, the Defendant, even with knowledge that C is a married person, maintained an illegal relationship from around 2016 to around 2017.

[Ground of recognition] Facts without dispute, each entry and video of Gap 1 through 10 evidence (including provisional number), and the purport of the whole pleadings

2. “Unlawful act committed by a spouse” under Article 840 subparag. 1 of the former Civil Act includes not only the adultery but also all unlawful act that does not fulfill the duty of mutual assistance of the married couple (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). A third party shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life, thereby causing a failure of the married couple’s community 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 en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the above facts of recognition, the Defendant, despite being aware of the legal existence of a spouse, committed an unlawful act with C, thereby infringing upon the common life of the Plaintiff and C, and the Plaintiff suffered emotional distress is obvious in light of the empirical rule, and thus, the Defendant is obliged to pay consolation money due to tort to the Plaintiff.

Furthermore, in full view of all the circumstances revealed in the arguments and records, including the amount of consolation money, the period and method by which the Defendant committed a wrongful act with C and the degree thereof, the marriage period of the Plaintiff and C, and the degree of influence of the said unlawful act on the marriage relationship, etc., the consolation money to be paid by the Defendant to the Plaintiff shall be 10,000.

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