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(영문) 서울동부지방법원 2017.06.15 2016가단139804
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 8, 2016 to June 15, 2017.

Reasons

1. Determination on the cause of the claim

A. A third party whose responsibility is established shall not interfere with a married couple’s community life, which corresponds to the nature of the marriage, such as interfering with a couple’s community life by causing a failure of the married couple’s community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental suffering by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). Comprehensively taking account of the purport (including the fact that there is no dispute) of Gap's evidence Nos. 3 and 6 as a whole in each of the pleadings, the defendant met Eul, the husband of the plaintiff, from the end of February 2016 to the end of April 2017, and was given letters and notes beyond the ordinary scope with Eul at that time, and it is recognized that the defendant had sold them to Jeju-do travel together with Eul for the purpose of making a trip to Jeju-do.

Although the Plaintiff asserts that the Defendant committed an unlawful act, including a transit with C from January 2015 to April 2016, the Plaintiff asserted that the Defendant committed a transit with C even around January 2016, it is not enough to recognize the transit with C. However, there is no other evidence to acknowledge it.

In light of the above circumstances, the defendant may confirm that he/she has committed a fraudulent act ranging from C and C for a period of two months. As such, the defendant's above improper act constitutes an act that infringes on or interferes with a marital life between the plaintiff and C and that causes mental suffering by infringing on the plaintiff's right as his/her spouse, and thus, the defendant shall be liable for damages to the plaintiff.

B. As to the amount of consolation money to be paid by the Defendant to the Plaintiff, the argument in the instant case, including health team, the specific form and period of the Defendant’s wrongful act, the Defendant’s attitude after the fraudulent act, and the period of marriage between the Plaintiff and C.

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