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(영문) 서울북부지방법원 2016.04.12 2015가단117728
손해배상(기)
Text

1. The Defendant’s KRW 13,00,000 as well as 5% per annum from June 10, 2015 to April 12, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 10, 1984, the Plaintiff was a legal couple who completed the marriage report with C on February 10, 1984, with 1 South son and son.

B. The Defendant knew that C had a spouse by marriage, sent and received frequently currencies and text messages from August 2014 to January 2015, and had sexual intercourse.

C. On February 11, 2015, the Defendant issued and delivered a written statement to the Plaintiff, “The Defendant recognizes the fact of sexual intercourse with C, which will not be contacted with C again.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 9 (including paper numbers), Gap evidence Nos. 5, the purpose of the whole pleadings

2. Determination

A. According to the above facts, the defendant, even though he was aware that he was a spouse of C, maintained an inhumanity relationship with C. As mentioned above, a third party's act of infringing on the marital life falling under the essence of the marriage, interfering with the maintenance thereof, and infringing on the right as the spouse, thereby causing mental suffering to the spouse, constitutes a tort (see Supreme Court Decision 2004Da1899, May 13, 2005). Since it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering, the defendant is liable to pay the mental suffering suffered by the plaintiff in money.

B. As to the amount of consolation money, the amount of consolation money shall be determined at KRW 13,00,000, considering various circumstances shown in the pleadings of the instant case, such as health group, the period of marriage between the Plaintiff and C, the content and duration of the misconduct committed by the Defendant and C, and the impact of the above misconduct on the family relationship.

C. Therefore, the Defendant, as consolation money, is KRW 13,00,000 for the Plaintiff as well as for this, as the Plaintiff seeks, from June 10, 2015, the following day after the delivery date of a copy of the complaint of this case until April 12, 2016, where it is deemed reasonable for the Defendant to resist the existence and scope of the obligation.

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