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(영문) 수원지방법원 성남지원 2018.01.17 2017가단213707
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from July 14, 2017 to January 17, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are the legal couple who reported marriage on July 22, 2013.

B. On January 23, 2016, the Defendant conspiredd with C, and the company working for C had sexual intercourse with C in officetels used as a dormitory, and the Plaintiff was witnessed of the above sexual intercourse.

C. The Plaintiff was pregnant, and was born on January 23, 2016 due to the shock of the above facts.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's evidence 1 or Gap's evidence 10 (including branch numbers), and the purport of whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant committed an unlawful act with C, the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C, or interfering with its maintenance, thereby causing mental pain to the Plaintiff. This constitutes tort against the Plaintiff.

Therefore, the defendant is obligated to pay consolation money to the plaintiff due to the above illegal act.

As to the amount of consolation money, it shall be reasonable to determine consolation money in 20,000,00 won in consideration of all the circumstances shown in the pleadings, such as the health team, the fact of the recognition thereof, and the degree and period of the misconduct committed by the defendant and C, the marriage period and family relationship between the plaintiff and C, the influence of the defendant's improper act on the marital relations between the plaintiff and the plaintiff, and the degree of

Therefore, the Defendant’s compensation amounting to KRW 20,00,000 and the following day after the delivery date of a copy of the complaint of this case to the Plaintiff shall be the year prescribed by the Civil Act from July 14, 2017 to January 17, 2018, which is the date of this decision.

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