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(영문) 서울서부지방법원 2019.04.09 2018가단227851
손해배상(기)
Text

1. The Defendant: 15,00,000 won to the Plaintiff, and 5% per annum from September 1, 2018 to April 9, 2019, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a legally married couple who completed the marriage report with C on December 18, 2009.

B. Around the end of 2014, C came to know of the Defendant, who was an employee, and the Defendant knew that C had a spouse, but around that time, C had a sexual relationship with C several times with C during the middle of 2018, and she had a sexual relationship with C several times from that time to that of 2018.

(1) The defendant alleged that C and the defendant were a male entertainment loan with the customer and the defendant, but according to the evidence of the court below, the relationship between C and the defendant can be acknowledged that the sexual intercourse was included in the sex relationship. 【The ground for recognition.' The fact that there is no dispute, the entries and images of Gap's evidence Nos. 3 and 4 (including each number), the witness's testimony, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, the defendant committed an unlawful act with C even though he/she was aware that C is a spouse, and it is recognized that C and C violated or interfered with the maintenance of the marital life of the plaintiff and C, and it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering. Thus, the defendant is obliged to pay consolation money for mental suffering suffered by the plaintiff.

B. As to the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff, the arguments in the instant case are shown, such as health team, the period of marriage and family relationship between the Plaintiff and C, the content, degree and period of fraudulent act committed by the Defendant and C, the impact of the Defendant’s fraudulent act on the marital life between the Plaintiff and C, and the developments leading up

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