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(영문) 대전지방법원 천안지원 2018.10.17 2018가단102061
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from March 24, 2018 to October 17, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on March 17, 2010.

B. The Defendant, despite being aware that he/she had a spouse, committed an unlawful act, such as committing a sexual intercourse in a telecom, etc. from the end of December 2017 to the end of February 10, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including branch numbers, if any) and the purport of whole pleadings

2. In principle, a third party who renders a judgment by committing an unlawful act with the spouse, thereby infringing on a marital life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort, and the third party is liable to compensate for the mental suffering suffered by the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above facts of recognition, the Defendant committed an unlawful act of having a sexual relationship with C even though he/she is a spouse of C, and the Plaintiff suffered emotional distress due to such an act by the Defendant is obvious in light of the empirical rule.

The defendant is obligated to do so in money for mental suffering suffered by the plaintiff.

With respect to the amount of consolation money that the Defendant is liable for compensation, the amount shall be determined as KRW 15,00,000, in consideration of the various circumstances shown in the pleadings of the instant case, such as health class, the content, degree and duration of the misconduct committed by the Defendant and C, the marriage period and family relationship between the Plaintiff and C (two married children between the Plaintiff and C), and the impact of the Defendant’s unlawful act on the Plaintiff’s common life.

The Defendant, as a result of damages, has raised a dispute as to the existence or scope of the obligation of the Defendant from March 24, 2018, following the delivery of a copy of the complaint of this case to the Defendant as sought by the Plaintiff after the date of the said tort.

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