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(영문) 대전지방법원천안지원 2020.07.08 2019가단117831
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from November 5, 2019 to July 8, 2020, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff and C are married couple who completed the marriage report on April 10, 2008, and have two children.

B. From December 2015, the Defendant, as the former workplace bonus of C, committed an unlawful act such as having a sexual intercourse with C while being aware that C is a spouse, with the knowledge that C had a spouse.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 8 (including each number), 9-1, 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 Supreme Court Decision 2013Meu2441 Decided May 29, 2015). According to the above fact-finding, the Defendant, even though being aware that C is a spouse, committed an unlawful act with C and thereby inflicted mental pain on the Plaintiff, is liable to compensate for such damage.

The amount of consolation money shall be determined as KRW 20,000,000, taking into consideration the various circumstances shown in the pleadings of this case, such as the period of marriage and family relations between the Plaintiff and C, the background and degree of the misconduct caused by the Defendant and C, the details and degree of the misconduct, the influence of the misconduct on the Plaintiff’s marital life, and the circumstances after the occurrence of the misconduct

Therefore, the defendant is obligated to pay to the plaintiff the consolation money of KRW 20,000 and the damages for delay calculated by the ratio of 5% per annum under the Civil Act from November 5, 2019 to July 8, 2020, which is the date of the judgment of this case where it is deemed reasonable for the defendant to dispute about the existence of the obligation or the scope of the obligation to perform, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiff's claim for conclusion is partly accepted within the above scope of recognition.

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