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(영문) 서울중앙지방법원 2020.06.23 2019가단5317201
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

Attached Form

The facts of “the grounds for the claim” can be acknowledged in full view of the evidence and the overall purport of the pleading as set forth in subparagraphs A and 11.

(A) The Defendant does not clearly dispute the cause of the claim. The third party’s intervention in the marital life of another person to cause the failure of the marital life, etc., and thus, does not interfere with the marital community falling under the essence of the marriage. The third party shall not interfere with the marital community falling under the essence of the marriage by committing an unlawful act with the either side of the married couple, and the third party shall not interfere with the marital community falling under the nature of the marriage by committing an unlawful act with the either side of the married couple, thereby infringing on or interfering with the maintenance of the marital community falling under the essence of the marriage and infringing on his spouse’s right as

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts, C is a spouse, and the Defendant is aware that C is a spouse, and the spouse is a spouse, and thus, infringed upon the Plaintiff’s right as the spouse by infringing upon the Plaintiff’s spouse’s right by interfering with and impairing the marital life, and thus, the Defendant is liable to compensate for mental damages suffered by the Plaintiff as a tort.

Furthermore, the amount of consolation money that the Defendant is liable for shall be determined as KRW 15,000,000, considering all all the circumstances revealed in the pleadings of the instant case, such as the health team, the period of marital life of the Plaintiff and C, the family relationship, the period in which the relationship was maintained, the current status of the Plaintiff and C.

Therefore, barring special circumstances, the defendant is obligated to pay the plaintiff KRW 15,000,000 and damages for delay.

The defendant asserts that the defendant paid consolation money to the plaintiff.

On January 28, 2020, the Defendant recognized 15,000,000 won as consolation money in relation to the instant case to the Plaintiff.

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