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(영문) 수원지방법원 2020.12.24 2020가단524114
손해배상(기)
Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from May 26, 2020 to December 24, 2020 for the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are married couple who completed the marriage report on September 8, 2001.

B. From February 2019, the Defendant: (a) knew that he/she was the spouse of C from February 2, 2019, and committed unlawful acts, such as taking a travel along with C.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 12, and the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of a claim 1) In principle, a third party’s act of infringing on a couple’s community life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes all acts not conforming to the duty of care as the spouse, and is a broad concept rather than the so-called “illegal act” rather than the so-called “an unlawful act,” the degree and situation should be evaluated based on specific cases (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992). In light of the aforementioned legal principles, the defendant, even though he was aware of the fact that he was a spouse, thereby infringing on the spouse’s mental suffering between C and C, thereby maintaining the Plaintiff’s right.

3. Furthermore, with respect to the amount of consolation money that the defendant is liable, the proceedings of the pleading in this case, such as health class, marriage period and family relation of the plaintiff and C, between the defendant and C's improper act and degree of suffering suffered by the plaintiff due to the defendant's improper act, and influence on the marital life.

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