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(영문) 의정부지방법원 2019.04.17 2018가단138811
이혼 등
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from April 18, 2018 to April 17, 2019; and (b).

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment on deemed confession: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act.

3. Partial dismissal.

(a) A third party who has a liability for damages shall not interfere with a married life falling under the nature of marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the overall purport of the Plaintiff’s evidence Nos. 1, 2, and 3 as well as the entire pleadings, the Defendant committed an unlawful act while maintaining a relationship with the Plaintiff’s husband despite being aware of the fact that the Plaintiff was a marital relationship, and thereby, the Plaintiff and C’s marital relationship with the Plaintiff may be acknowledged as a crisis

Therefore, the defendant's above improper act constitutes a tort, and the plaintiff suffered a considerable mental suffering. Therefore, the defendant is liable to compensate the plaintiff for damages arising from the above illegal act.

B. The amount of consolation money to be paid by the Defendant to the Plaintiff is determined as KRW 20 million in consideration of the following factors: (a) the period of marriage between the Plaintiff and C, the Plaintiff’s age, occupation, economic situation, health condition, the age of the Plaintiff’s child, the duration of the teaching system between the Defendant and C, the details of the act, and the degree of failure in the marital relationship between the Plaintiff and C, etc., as seen earlier;

C. Accordingly, according to the resolution of the lawsuit, the defendant is obvious to the plaintiff that it is the next day after the delivery of a copy of the complaint of this case as requested by the plaintiff, as it was after the defendant's illegal act.

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