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(영문) 서울동부지방법원 2020.01.10 2019가단129617
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from June 11, 2019 to January 10, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on May 19, 2004 and has two children.

B. After the Defendant came to work and become aware in the same workplace as C, from around 2018 to around C, various private dialogues and concerns have been divided in addition to the company between C and C, and even with the knowledge that C is a spouse, the Defendant maintained the illegal relationship with C, such as returning to a private relationship with C with the awareness that C is a spouse.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 1 to 10, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, it is reasonable to deem that the Defendant committed an unlawful act with the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C or impeding its maintenance, thereby suffering mental pain on the Plaintiff. As such, the Defendant has a duty to engage in monetary injury inflicted on the Plaintiff.

B. Considering the marriage period, marital relationship and family relationship between the Plaintiff and C, the content and duration of the unlawful act, the influence of the said unlawful act on the marriage between the Plaintiff and C, and all other circumstances shown in the argument of the instant case, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 15,00,000.

Therefore, the defendant's 15,00,000 won and its 15,000 won for the plaintiff and the defendant's 11 June 2019 following the delivery date of a copy of the complaint of this case as sought by the plaintiff as a tort.

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