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(영문) 서울중앙지방법원 2020.02.14 2019가단5200976
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as 5% per annum from September 6, 2019 to February 14, 2020 to the Plaintiff.

Reasons

1. The plaintiff was married with C on September 24, 1996, and had 1 South and North her female under the sleep.

The defendant knew that C is a spouse, and the defendant has reached several meetings with C.

There is also a fact that the defendant has made a trip with C, and C has donated a golf bond equivalent to KRW 540,00 to the defendant at the time of C risk in 2018.

On July 22, 2019, the defendant and C were accommodated in the telecom.

C attempted suicide on September 8, 2019 and died on the 16th of the same month.

[Ground for Recognition: Facts without dispute, Gap 1 through 18, purport of the whole pleadings]

2. The judgment of the defendant, despite being aware that C has a spouse, committed an unlawful act, such as having a male-child relationship (a person who has a sex relationship also can be confirmed) at the place of the maternity, thereby infringing upon the common life of the plaintiff and C and hindering their maintenance.

However, the argument that the defendant continued to maintain the relation with C from around 2012 is insufficient to accept the claim that the statement in Gap 17 alone is insufficient.

Therefore, the defendant is liable to compensate for damages caused by the plaintiff's tort.

The amount of consolation money shall be 10,000,000 won in consideration of various circumstances, such as the period of marriage, family relationship, and the Plaintiff’s attitude after having become aware of an unlawful act.

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