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(영문) 의정부지방법원 2021.02.17 2020가단127067
손해배상(기)
Text

1. The defendant shall pay 15,00,000 won to the plaintiff and 12% per annum from August 8, 2020 to the day of complete payment.

Reasons

1. Judgment on the plaintiff's claim

A. Fact 1) On November 25, 1993, the Plaintiff reported marriage with Nonparty C and raised two children.

2) The Defendant committed an unlawful act against the Plaintiff, such as having been aware that C was married to the Plaintiff and having sexual intercourse with C for a period of several months.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

B. 1) Determination of the establishment of liability for damages has the duty to comprehensively cooperate between husband and wife in order to maintain marriage as a common life and has the right to such obligation.

Therefore, in a case where a third party, by committing an unlawful act with a spouse, infringed on or interferes with a couple’s communal life falling under the essence of marriage and infringed on the other spouse’s right as the other spouse and inflicted mental pain on the third party, such act constitutes a tort in principle (see Supreme Court Decision 2013Meu2441, May 29, 2015, etc.). According to the above facts of recognition, the defendant committed an unlawful act with a spouse of the plaintiff, thereby infringing on, or impeding the maintenance of, a couple’s communal life between the plaintiff and C, thereby causing mental pain to the plaintiff.

Since it is reasonable to see that the defendant has a duty to pay monetary compensation for mental damage suffered by the plaintiff.

2) Prior to the scope of damages compensation, the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff shall be determined as KRW 15,000,000, considering various circumstances shown in the pleadings of the instant case, such as the period of marriage and family relationship between the Plaintiff and C, the content, period, and degree of such unlawful act, the influence of such unlawful act on the marriage between the Plaintiff and C, and circumstances after such unlawful act was discovered.

(c)

Therefore, according to the conclusion of the lawsuit, the defendant shall deliver to the plaintiff the consolation money of KRW 15,00,000 and as requested by the plaintiff, the copy of the complaint of this case shall be affixed on August 8, 2020 after the delivery of the copy.

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