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(영문) 창원지방법원 마산지원 2017.04.27 2016가단103807
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 3, 2016 to April 27, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on December 3, 2003, and have one male female between them.

B. The Defendant, despite being aware that C was a father-Nam, established an internal relationship with C, such as having frequently frequented with C from October 2015 to June 2016, and having sexual intercourse with C.

[Recognizing Facts] The facts without dispute, each entry and video of Gap 1 through 12 (including a provisional number), the witness C's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. The act that a third party who is liable for damages infringes on a couple's communal life falling under the essence of marriage or interferes with the maintenance thereof and infringes on a spouse's right as the spouse and thereby inflict mental pain on the spouse constitutes a tort in principle.

(see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). According to the facts acknowledged earlier, the Defendant knowingly committed a fraudulent act with C while being aware that C is a spouse.

As a result, the marriage between the plaintiff and C was infringed or interfered with the maintenance thereof, and it is obvious in light of the empirical rule that the plaintiff had suffered considerable mental suffering, the defendant is obliged to pay monetary compensation for the mental suffering suffered by the plaintiff.

B. In full view of the various circumstances revealed in the pleading process of the instant case, including the scope of liability for damages and the marriage period and family relation of the Plaintiff C, the period and degree of the Defendant’s misconduct, the impact of the Defendant’s improper act on the Plaintiff’s marital life, and the Plaintiff’s claim for damages only against the Defendant without divorce, the amount of consolation money to be paid by the Defendant shall be determined as KRW 15,000,000

Therefore, the defendant is the date of this judgment from August 3, 2016, which is the delivery of a copy of the complaint of this case sought by the plaintiff as a result of the illegal act to the plaintiff 15,000,000 won and its corresponding amount.

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