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(영문) 수원지방법원성남지원 2019.12.19 2019가단217857
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from July 30, 2019 to December 19, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the marriage report with C on June 27, 2008 and C C.

Until the time of death as described in the paragraph, there was a legal marital relationship, and three minor children are under the chain.

B. From springing around 2019, the Defendant committed unlawful acts, such as establishing a sexual relationship with C several times with knowledge that C has a spouse.

C. C suicide was committed on August 14, 2019, after the instant lawsuit was filed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings

2. Determination:

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Examining the above facts in light of the aforementioned legal principles, the Plaintiff is obviously in light of the empirical rule that the Plaintiff suffered considerable mental suffering due to the infringement of marital life by the Defendant and C’s wrongful act, and thus, the Defendant is obliged to pay consolation money for emotional distress suffered by the Plaintiff.

B. As to the amount of consolation money that the Defendant is liable to compensate, the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff shall be determined as KRW 20 million, comprehensively taking into account various circumstances shown in the pleadings of the instant case, such as health group, the period of marriage between the Plaintiff and C, the content, degree and period of the unlawful act committed by the Defendant and C, and the influence of the unlawful act on the married life

C. Accordingly, according to the theory of lawsuit, the defendant is liable for performance since July 30, 2019, which was the day following the delivery of a copy of the complaint of this case sought by the plaintiff as a compensation for damages to the plaintiff due to a tort, as a result of the tort.

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