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(영문) 수원지방법원 2020.09.23 2019가단546194
손해배상(기)
Text

1. The Defendant: (a) from August 22, 2019 to Plaintiff B, KRW 11,428,57, and KRW 571, respectively, and each of them to Plaintiff C and D.

Reasons

1. Facts of recognition;

A. The deceased A (hereinafter “the Deceased”) married on July 17, 2015 with Plaintiff B, her husband, and caused Plaintiff C (FF, South Korea), and D (GG students) among them.

B. From March 2019, the Defendant committed unlawful acts, such as maintaining the Plaintiff B’s attachment relationship and having sexual intercourse several times.

C. On December 19, 2019, the Deceased died by her husband and the Defendant’s unlawful act, resulting in severe mental pain (such as infertility, depression, stress, etc.).

[Evidence: Evidence Nos. 1 through 18 (including paper numbers), facts without dispute, and the whole purport of oral argument]

2. Determination

(a) A third party shall not interfere with a marital life which corresponds to the nature of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). B.

According to the above facts of recognition, the defendant committed unlawful acts with B, thereby obstructing the maintenance of the deceased's community life and infringing the deceased's spouse's rights as his spouse, and thereby causing mental pain to the deceased.

I would like to say.

Therefore, the defendant is obliged to pay consolation money as compensation for tort to the deceased.

C. As to the amount of consolation money, the consolation money shall be determined as KRW 40 million in consideration of all the circumstances shown in the arguments of the instant case, such as health team, the period of marriage between the deceased and B, the background leading up to the Defendant’s unlawful act, the content and period of maintaining the act, the response methods against the deceased’s claim, the degree of suffering suffered by the deceased, and the subsequent results.

This consolation money is against the plaintiffs, who are the inheritors of the deceased.

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