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(영문) 서울북부지방법원 2020.06.02 2020가단100298
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 15, 2019 to June 2, 2020.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 8, and Eul evidence No. 2 (including each number):

The plaintiff and C are legally married couple who completed the marriage report on May 25, 2012, and have two minor daughters under the chain.

B. Around June 2019, the Defendant became aware of C by chance, and even after being aware that C is a legally married person, the Defendant had sexual intercourse with C several times with the knowledge that C is a legally married person, and maintained the relationship between C and the time of the instant lawsuit.

2. The act of a third party making a judgment by committing an unlawful act with the spouse, thereby infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes any act that is not faithful to the duty of good faith as a spouse, but is a broad concept rather than the so-called “illegal act” and “illegal act” ought to be evaluated in consideration of the degree and circumstances depending on specific cases.

(1) In light of the above legal principles, the Defendant is obliged to compensate for mental damages suffered by the Plaintiff, since it is apparent in light of the empirical rule that the Defendant would have suffered considerable mental pain by infringing upon the Plaintiff’s communal living between the Plaintiff and C and infringing on the Plaintiff’s spouse’s rights, by citing the facts seen earlier in light of the aforementioned legal principles.

Furthermore, with respect to the amount of consolation money that the defendant is liable for, the health team, the marriage period and family relationship of the plaintiff and C, the contents, period and degree of fraudulent act, and the suffering suffered by the plaintiff due to the defendant'

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