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(영문) 울산지방법원 2019.03.28 2018가단65325
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from September 7, 2018 to March 28, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on March 27, 1991.

B. The Defendant and C came to know of golf meetings in around 2013, and the Defendant and C have recently made a teaching system.

The defendant was aware that C was a person with C's spouse since the first day.

C. Around May 2015, the Defendant entered into a golf trip with C, and around February 2017, around August 2018, and around November 2018, and C transferred KRW 20 million to the Defendant on January 16, 2017.

In addition, the defendant and C have been given a word that they want to wear or love photographs suitable for them, and even during the trial of this case, the new wall also existed in the defendant's place of residence.

【Ground of recognition】 Each description or image of evidence (including paper numbers) Nos. 1 through 17 (including paper numbers), witness C’s primary testimony, and the purport of the whole pleadings

2. Determination

A. 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 a spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014).B.

According to the above facts of recognition, the defendant is liable to pay consolation money to the plaintiff, since he knew that he had a spouse, and even after the lawsuit of this case was filed, he committed an unlawful act such as traveling abroad with C, thereby infringing on the essence of marriage or interfering with the maintenance thereof, infringing on the plaintiff's right as his spouse, and thereby recognizing that the plaintiff suffered considerable mental pain.

The plaintiff and C's period of marriage and the degree and circumstances leading to the marriage dissolution, the contents, degree and period of the defendant's misconduct, and the defendant's misconduct are the plaintiff.

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