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(영문) 서울북부지방법원 2019.05.30 2018가단117910
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from May 19, 2018 to May 30, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 19, 2010, the Plaintiff is the legal spouse of Nonparty C (hereinafter “foreign person”) who completed the marriage report with Nonparty C (hereinafter “foreign person”).

There are two minor children between the Plaintiff and the Nonparty.

B. From October 2017, the Defendant committed an unlawful act, such as taking care of the Nonparty with the Nonparty, such as taking part in overseas travel together with the Nonparty, or staying outside the Defendant’s house.

C. On May 6, 2018, the Plaintiff became aware of the fraudulent act committed by the Defendant and the Nonparty, and is currently in a divorce lawsuit with the Nonparty.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 7, 11, 12, 13, and 16 (including virtual numbers) and the purport of the whole pleadings

2. A third party who makes a judgment on the cause of a claim shall not interfere with a marital community falling under the nature of marriage, such as interfering with a marital community life of another person, thereby causing the failure of a marital community;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). In light of the foregoing legal doctrine, the fact of recognition in the instant case is determined as KRW 20 million, in full view of the period of marriage, relationship between the Plaintiff and the Nonparty, the relationship between the two persons, the period of wrongful act between the Defendant and the Nonparty, the degree of such unlawful act, the impact of the unlawful act on the marital life, etc., the amount of consolation money that the Defendant is liable for compensation should be determined as KRW 20 million.

3. As to the defendant's assertion, the defendant alleged that the non-party was aware of the fact that the plaintiff was a woman before he was aware of the fact that the plaintiff was guilty, but the number of evidence Nos. 2, 4, 8 through 10, 12, and 14 is the number.

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