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(영문) 서울북부지방법원 2020.11.24 2019가단137133
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from August 21, 2019 to November 24, 2020, respectively.

Reasons

1. Basic facts

A. The plaintiff and C are legally married couple who completed the marriage report on May 7, 2005, and have two minor children under the chain.

B. On May 2016, the Defendant: (a) knew that C was a legal spouse, and had C and inappropriate son after his withdrawal from around May 2016; and (b) had a number of sexual intercourses until the time of the instant lawsuit.

C. The Plaintiff is receiving a mental therapy due to depression, etc.

Around January 2021, the defendant filed a complaint against C to the crime of rape, but the prosecutor issued a disposition on August 6, 2020 to the effect that C was guilty (Evidence of Evidence).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 24, Eul evidence Nos. 1 through 12, the purport of the whole pleadings

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 or interfering with the maintenance thereof and infringing the Plaintiff’s spouse’s rights, by committing multiple illegal acts, knowing that the Defendant is a spouse of C. In light of the above legal principles, the Defendant is obliged to compensate for mental harm suffered by the Plaintiff.

Furthermore, the amount of consolation money that the defendant should compensate is about.

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