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(영문) 인천지방법원 2016.08.10 2016가단211315
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from April 24, 2016 to August 10, 2016 to the Plaintiff.

Reasons

1. On December 3, 1998, the Plaintiff reported the marriage with Nonparty C, and the Defendant was aware of at least in C and a golf driving range, and the fact that the Plaintiff was in in inhumane relationship including physical relations from April 2013 to June 2015 does not conflict between the parties, or that there was no dispute between the parties, or that the Plaintiff was in an inhumane relationship with Nonparty C and the entire purport of the pleadings.

2. Determination:

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal 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 Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant is liable for compensating the Plaintiff for mental damages, since C, even though having knowledge of the fact in a marital relationship with the Plaintiff, committed an unlawful act, thereby infringing on or interfering with the Plaintiff’s communal life, infringing on the Plaintiff’s right as the spouse, thereby causing mental distress to the Plaintiff.

(C) At the time of delivery, the Defendant alleged that C had been aware of the fact that C had already been divorced, but there is no evidence to acknowledge it.

When comprehensively considering the period of marriage and family relationship between the plaintiff and C, the period and content of the illegal act of the plaintiff and the defendant, the degree of failure in marriage, etc., it is reasonable to determine the amount of consolation money as 15,00,000 won.

C. Accordingly, according to the theory of lawsuit, the defendant is the day following the delivery date of a copy of the complaint of this case sought by the plaintiff against the plaintiff as damages amounting to 15,000,000.

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