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(영문) 수원지방법원 2018.05.15 2018가단504643
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 22, 2018 to May 15, 2018.

Reasons

1. Basic facts

A. The plaintiff and C are legally married couple who completed the marriage report on April 7, 2000.

B. The Defendant, with knowledge of the fact that C was a father-son, maintained C’s relationship with C from December 2016.

C. Around July 22, 2017, the Defendant contacted with C several times and committed unlawful acts, such as adultery, etc., followed C even after the Plaintiff became aware of such circumstances.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-13 (including each number), the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). Comprehensively taking account of the facts acknowledged earlier, it is reasonable to deem that the Defendant committed an unlawful act with the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C or interfering with its maintenance, thereby suffering from mental pain to the Plaintiff.

Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.

B. Considering the contents, degree, and period of the unlawful act committed by the Defendant and C, the impact of the unlawful act on the Plaintiff’s marital relationship, and the marriage period between the Plaintiff and C, etc., the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff is reasonable.

Therefore, as the defendant seeks from February 22, 2018, the next day of the delivery of the complaint, which is the day after the delivery of the complaint, to the plaintiff, the defendant's objection to the existence and scope of the obligation.

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