(영문) 수원지방법원 2019.05.16 2019가단503838

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(영문) 수원지방법원 2019.05.16 2019가단503838

손해배상(기)

Text

1. The Defendant’s KRW 16,00,000 as well as 5% per annum from November 28, 2017 to May 16, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on October 16, 2008 and on October 19, 2010, and have one child under the chain.

B. C became aware of the Defendant around December 2016, and the Defendant committed an unlawful act, such as entering into a sex relationship with C, knowing that C is a spouse.

C. On April 29, 2017, the Plaintiff became aware of the foregoing fact by viewing C’s handphones by chance.

On May 31, 2017, the Plaintiff filed a lawsuit claiming divorce, etc. (U.S. Family Court 2017ddan505404) against C, but withdrawn it on January 23, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination:

A. According to the above fact of recognition of the liability for damages, the defendant committed an unlawful act with C by being aware that C is a spouse, thereby infringing upon the plaintiff's marital relationship with C, and caused serious mental pain to the plaintiff.

Since the defendant's act constitutes a tort, the defendant has a duty to pay a monetary reward to the plaintiff's emotional distress.

B. As to the amount of consolation money within the scope of liability for damages, comprehensively considering all the circumstances shown in the pleadings of the instant case, such as health group, the period of marriage and family relationship between the Plaintiff and C, the content, degree and period of the unlawful act committed by the Defendant and C, the Defendant’s behavior after the commission of the unlawful act, and the impact of the Defendant’s unlawful act on the marriage between the Plaintiff and C, it is reasonable to determine the amount of consolation money to be compensated by the Plaintiff as KRW 1

C. Accordingly, according to the theory of litigation, the defendant is deemed reasonable to dispute the existence or scope of the obligation of this case since November 28, 2017, after the delivery date of the copy of the complaint of this case, as sought by the plaintiff as a result of the tort against the plaintiff and the consolation money of KRW 16,00,000.

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