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(영문) 부산지방법원동부지원 2020.08.12 2019가단211906
손해배상(기)
Text

1. The Defendant’s KRW 13,00,000 as well as annual 5% from August 13, 2019 to August 12, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on April 18, 2016.

B. From May 2016 to November 201 of the same year, the Defendant: (a) knowingly known that C is a spouse of the said spouse, and (b) continuously contacted C with C, including having sexual intercourse C, and having sexual intercourse C.

C. The Plaintiff did not file a divorce lawsuit against C or divorce by agreement.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings

2. Determination

A. The husband and wife of the liability for damages shall be faithful to the duty of good faith, and commit unlawful acts which are not faithful to the husband and wife’s duty of good faith shall constitute tort against the other spouse.

The defendant has continued to establish a non-human relationship with C even though he was aware that there was the plaintiff who is a legal spouse of C. Since it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to the defendant's improper act, the defendant is obliged to pay the plaintiff the mental suffering suffered by the plaintiff in money.

B. In full view of all the circumstances shown in the pleadings of the instant case, including the health team, the content, degree, period, and the period of the unlawful act committed by the Defendant and C, the period of marital life and family relationship between the Plaintiff and C, and the impact of the Defendant and C’s unlawful act on the Plaintiff’s marital life, the amount of consolation money to be paid by the Defendant shall be determined as KRW 13 million.

3. In conclusion, the defendant, as a result of tort, is about the plaintiff's 13 million won consolation money and the following day after August 13, 2019, following the delivery date of a copy of the complaint of this case sought by the plaintiff, to dispute the existence and scope of the defendant's duty of performance from August 12, 2020, which is the date of this decision, 5% per annum prescribed by the Civil Act and the promotion of the lawsuit from the following day to the date of complete payment.

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