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(영문) 인천지방법원부천지원 2019.11.28 2019가단21288
손해배상(기)
Text

1. The Defendant: (a) KRW 28 million to the Plaintiff; and (b) 5% per annum from July 30, 2019 to November 28, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 30, 201, the Plaintiff and C have two children as a legally married couple who completed the marriage report on September 30, 201.

B. The Defendant, despite being aware of the fact that C had only a spouse as a company’s club fee, provided an overseas trip since 2016.

In addition, the defendant posted the content of transfer or gift exchange with C in social relations network services.

C. On July 29, 2017, the Plaintiff came to know of the relationship between C and the Defendant and attempted suicide.

On the other hand, the defendant maintained a relationship with C for not less than three years and decided to insult the plaintiff.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's 1 through 14 (including each number for a case with an additional number), and the purport of whole pleadings

2. Determination

A. In principle, a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse, thereby infringing on or impeding a couple's communal life falling under the essence of marriage and infringing on the spouse's right as the spouse.

At this time, the term "illegal act" is a broad concept including the adultery, which does not reach the gap between the parties, but includes all illegal acts that are not faithful to the husband's duty of mutual assistance, and whether it is an illegal act or not shall be evaluated in consideration of the degree and situation of the specific case.

According to the above facts of recognition, the defendant committed an illegal act with knowledge that C is a spouse, and barring any special circumstance, the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Therefore, the defendant has a duty to take money from mental suffering suffered by the plaintiff.

B. Regarding the amount of consolation money that the defendant should pay, the period of marriage between the plaintiff and C, and the defendant.

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