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(영문) 수원지방법원 2018.10.25 2018가단516035
손해배상(기)
Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate from April 28, 2018 to October 25, 2018, and the following.

Reasons

Facts of recognition

The plaintiff is a married couple who reported marriage on September 30, 2004 and has two children.

The defendant, knowing that C is a spouse, began with the teaching system around November 2016, and lived for two months from April 2017, and arranged the relationship around November 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, and third parties who suffered liability for damages to determine the purport of the whole pleadings shall not interfere with the marital community which corresponds to the essence of marriage by participating in the marital community of others and causing the failure of marital 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.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, it is reasonable to view that the Defendant committed an unlawful act with knowledge that C is a spouse, and thereby, committed an act of infringing the Plaintiff’s communal living or interfering with the maintenance thereof, thereby causing serious mental pain to the Plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

As to this, the defendant asserts that the relationship between the plaintiff and C has already failed regardless of the defendant, and that the defendant is not liable for the obstruction of the maintenance of the above relationship.

However, the statement No. 3 alone is insufficient to recognize it, and there is no other evidence to acknowledge it, and the defendant's above assertion is not acceptable.

B. As to the amount of consolation money to be paid by the defendant, the health team, the marriage period and family relationship between the plaintiff and C, the circumstances and circumstances of the misconduct between the defendant and C.

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