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(영문) 서울중앙지방법원 2019.06.10 2018가단5203367
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as annual 5% from November 6, 2018 to June 10, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 3, 2015, the Plaintiff is a legal couple who completed a marriage report with C (alias) on February 3, 2015.

B. Since the arrival with C around February 2018, the Defendant: (a) even though C was aware that he/she had left Korea, he/she had sexual intercourse with C for about six months; and (b) had been traveling to Japan.

C. At the end of August 2018, the Defendant, who became aware of the unknown relationship between the Defendant and C, was forced to contact with C thereafter.

In addition, the plaintiff still maintains a matrimonial relationship with C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of a married couple’s communal living by participating in another person’s marital life. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, thereby infringing on his/her right as a spouse and causing mental distress

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). B.

According to the above facts of recognition, C is a spouse and the defendant is a spouse with the knowledge that C is a spouse, thereby infringing upon the plaintiff's right as the spouse by impeding the maintenance of the marital life and thereby infringing upon the plaintiff's right as the spouse. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiff as a tort.

C. Furthermore, with respect to the amount of consolation money that the Defendant is liable for compensation, the Plaintiff’s health team, the period of marital life, family relationship, the period in which the relationship with the Plaintiff continues, and the degree of shock caused by the Defendant’s unlawful act with the Defendant and C, and the Defendant appears to have arranged the relationship with C first, and all other circumstances revealed in the argument of this case are considered.

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