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(영문) 대구지방법원 2017.07.21 2016가단38297
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from November 30, 2016 to July 21, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff: (a) on October 6, 1995, entered into a marriage report with C on December 6, 1995, has two South Koreas including minor children under the law between husband and wife; (b) from July 2015, the Defendant committed an unlawful act with C.

B. C withdrawn around June 5, 2016.

[Ground for recognition] Unsatisfy

2. Determination

(a) A third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;

Therefore, in principle, a third party's act of infringing on or interfering with a couple's common life falling under the essence of marriage and infringing on a spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

B. According to the above facts of recognition, since the defendant committed an unlawful act with C and C, thereby infringing upon the marital life of the plaintiff and C, or impeding their maintenance, the defendant is obligated to pay damages, namely, consolation money, to the plaintiff. However, the amount shall be determined as KRW 20 million in consideration of the marriage period, family relationship, situation of failure, degree of failure, etc. of the plaintiff and C.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 20 million won consolation money and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 30, 2016 to July 21, 2017, which is the date of this decision, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. According to the conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit.

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