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(영문) 전주지방법원 2021.01.12 2020가단20403
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and its interest thereon to the Plaintiff are 5% per annum from September 10, 2020 to January 12, 2021, and the following.

Reasons

1. Facts of recognition;

A. On July 9, 2013, the Plaintiff married with C, and has two children under the chain (2013, 2018, 2018).

B. From May 2020 to July 20, 2020, the Defendant had been aware that C, a workplace partner, had a spouse, and continued to associate with C, with the intent to have the spouse, and had the Defendant communicated with the Defendant from time to time, and had sexual intercourse and sexual intercourse committed (hereinafter “instant misconduct”), and was dismissed to the Plaintiff.

(c)

Then, the defendant accepted the Plaintiff’s teaching system with C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 8, Gap evidence Nos. 3-1, 2, 3, and evidence Nos. 10-2, video, and the purport of the whole pleadings

2. The judgment of the third party shall not interfere with the common life of the married couple falling under the essence of the marriage by intervening in the common life of the married couple of another person and causing the failure of the married couple, etc., and the third party's act of infringing on or maintaining common life of the married couple falling under the essence of the marriage by committing an unlawful act with the married couple, thereby impairing the spouse's right as the spouse, thereby causing mental pain to the spouse.

As long as the Defendant knowingly committed the instant wrongful act with C’s knowledge that he/she is a spouse, thereby infringing on the Plaintiff’s communal living or interfering with his/her maintenance, the Defendant is liable to pay emotional distress inflicted upon the Plaintiff in money.

Taking into account all the circumstances revealed in the arguments in the instant case, such as the marriage period and family relationship between the Plaintiff and C, the details and details of the instant misconduct, the teaching period, the influence of the unlawful act on the marital life of the Plaintiff and C, and the circumstances after the occurrence of the unlawful act, etc., the amount of consolation money to be paid to the Plaintiff is reasonable.

The defendant sought to the plaintiff as the plaintiff as the consolation money of 15 million won and the plaintiff's claim for this amount after the date of tort.

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