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(영문) 제주지방법원 2021.01.25 2020가단60798
손해배상(기)
Text

1. The defendant's KRW 7,000,000 and about this, 5% per annum from July 31, 2020 to January 25, 2021 to the plaintiff.

Reasons

Plaintiff’s assertion

The summary of the plaintiff is C and the legal couple married on November 25, 2000.

From May 2019 to C and C, the Defendant committed an illegal act and caused mental damage to the Plaintiff.

Therefore, the defendant is obligated to pay consolation money for mental damage to the plaintiff.

Judgment

A third party who has a liability for damages shall not interfere with a married couple's communal life which falls under the nature of marriage, such as interfering with a couple's communal life by causing a failure of the married couple's communal life.

In principle, a third party’s act of infringing on or impeding the maintenance of common life of the married couple falling under the essence of marriage by committing an unlawful act with the spouse and infringing on the spouse’s rights as the spouse, thereby causing mental pain to the spouse constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 2014, etc.). In full view of the purport of arguments as a whole, the Plaintiff is a legally married couple who reported marriage on Nov. 25, 200; the Plaintiff and C have two children; the Plaintiff and the Defendant committed an unlawful act from Apr. 2019.

According to the above facts of recognition, the defendant suffered mental damage to the plaintiff by committing unlawful acts with C.

It is reasonable to view it.

Therefore, the defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

Considering the fact that the plaintiff and C were engaged in an illegal act for a considerable period of time between the plaintiff and C in the recognition of the scope of liability for damages, the plaintiff seems to have suffered mental impulses due to the illegal act of the defendant and C.

However, the illegal acts between C and the defendant are caused by the defendant's unilateral senscence.

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