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(영문) 서울중앙지방법원 2017.07.11 2016가단5212138
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from September 27, 2016 to the day of complete payment.

Reasons

1. The facts of recognition that the Plaintiff is the spouse of C who reported the marriage on October 30, 1970, and the Defendant, despite being aware that C has a spouse, maintained the inhumanity relationship with C from around 1993 to around the end of 2015 with his/her spouse, etc. Even though he/she prepared a letter of intent to adjust the relationship with C with his/her spouse on August 2006, the fact that the Plaintiff continued the inhumanity relationship without dispute between the parties, or that the overall purport of the arguments in the evidence Nos. 1 and 2 is recognized.

2. In principle, an act of infringing on or interfering with a couple’s communal life falling under the essence of marriage by making a judgment knife or a third party’s unlawful act with the spouse, and infringing on the right as the spouse, thereby causing mental suffering to the spouse, constitutes tort.

As seen earlier, the defendant maintained a long-term relationship with C, and infringed upon the plaintiff's spouse's right as the plaintiff's spouse.

Therefore, barring any special circumstance, the amount of consolation money shall be determined at KRW 30 million in light of all the circumstances revealed in the above evidence, such as the period of marriage, the circumstance, period, and contents of the plaintiff's non-human relationship, and the influence of the marriage between the plaintiff and C, etc.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from September 27, 2016 to the day of full payment, which is the day following the day when the copy of the complaint of this case was served on the Defendant, as the Plaintiff seeks.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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