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(영문) 부산지방법원 2018.02.06 2017가단331695
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 15, 2017 to February 6, 2018.

Reasons

1. Facts of recognition;

A. On January 12, 2010, the Plaintiff married with C and has seven years of age as his/her child.

B. From the beginning of 2017, the Defendant, who was the head of the Plaintiff and C’s University, committed an unlawful act, such as committing a sexual intercourse with C while knowing that C was in a legally marital relationship.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

2. 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 a 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.

(Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts, the Defendant committed an unlawful act, such as making a considerable educational system, sexual intercourse, etc., even though he/she is aware that he/she is a spouse of C, and the Defendant was in violation of the Plaintiff’s marital relationship or interfered with the maintenance thereof.

The defendant has a duty to care for mental suffering suffered by the plaintiff in money, unless there are special circumstances.

Furthermore, the amount of consolation money shall be determined as KRW 15 million in consideration of all the circumstances revealed in the proceedings of the pleading of this case, such as the following: (a) the degree and period of the unlawful act; (b) the defendant's mistake after detection of the unlawful act; (c) the attitude of the defendant; (d) the period of marriage of the plaintiff; and (e) the extent that the marital life of the plaintiff was broken down; and (e) the plaintiff seems not to claim consolation money to C.

Therefore, the defendant is liable to compensate the plaintiff for consolation money of KRW 15 million and as the plaintiff seeks, on November 15, 2017, the day following the delivery date of a copy of the complaint of this case.

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