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(영문) 수원지방법원 2016.04.26 2015가단125049
손해배상(기)
Text

1. The Defendant’s KRW 8,00,000 and the Plaintiff’s annual rate of KRW 5% from September 16, 2015 to April 26, 2016.

Reasons

1. Basic facts

A. On May 1, 2009, the Plaintiff completed the marriage report with C on May 1, 2009, and 1 South Korea between C and C, and the Defendant was a former employee of C.

B. On August 22, 2014, C prepared and delivered to the Plaintiff a letter stating that the Defendant and the Plaintiff were in in infinite relationship between January 2, 2011 and August 2014, and that they would not be infinite.

C. On May 21, 2015, the Plaintiff filed an application with the Suwon District Court for the confirmation of the intention of divorce with the agreement to divorce with C, and received the confirmation of the intention of divorce from the said court on October 7, 2015.

Grounds for recognition: Gap 1, 2, 7-14 (including the number with each number), the whole purport of the pleading.

2. Determination

A. The plaintiff's assertion that the defendant committed an unlawful act with C, who is the plaintiff's wife, and caused the failure of the marital relationship between C and C, so the plaintiff shall pay consolation money of KRW 30 million and delay damages to the plaintiff.

B. The judgment-making third party shall not interfere with a married couple’s community life falling under the essence of marriage, such as interfering with a couple’s community life by causing the failure of a married couple’s community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). In full view of the following factors: (a) the Defendant and the Defendant had committed an unlawful act with C, taking into account the following factors: (b) the Defendant and the Madern relationship from January 201, 201; (c) the Defendant met at C and the Madernel; and (d) the travel between C and C (A4-2-4, A16, and 17), it is reasonable to deem that the Defendant committed an unlawful act with C.

As above, the Defendant committed an unlawful act with C, the wife of the Plaintiff, and caused mental pain to the Plaintiff.

Therefore, the plaintiff has a duty to care for mental suffering suffered by the plaintiff in money.

In this regard, the defendant is now taking into consideration with C.

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