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(영문) 수원지방법원안산지원 2019.01.10 2018가단62976
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 20, 2018 to January 10, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal spouse of C and C who completed the marriage report on May 25, 2005, and has two children under their chains.

B. From May 1, 2018, the Defendant, despite being aware that C has a spouse, entered into an illegal relationship with C.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including each number), and the purport of the whole pleadings

2. Determination

A. A) A third party’s liability for damages does not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing failure of the couple’s communal living. A third party’s act of infringing a couple’s communal living falling under the essence of marriage by committing an unlawful act with one of the married couple, obstructing the maintenance thereof, and infringing a spouse’s right as the spouse, thereby causing emotional distress to the spouse, in principle, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the above legal principles, the above recognition is in principle a tort. According to the above recognition, the Defendant, even though he was aware that he was a spouse of the married couple, thereby infringing on the couple’s communal living between the Plaintiff and C, thereby causing emotional distress to the Plaintiff by interfering with its maintenance.

Therefore, the defendant is obligated to pay the plaintiff monetary compensation for the mental suffering suffered by the plaintiff.

B. In full view of all the circumstances revealed in the arguments in the instant case, including the scope of liability and the period and contents of marital life between the Plaintiff and C, the content and duration of the Defendant’s misconduct, and the Defendant’s attitude after the Defendant’s occurrence of fraudulent act, it is reasonable to determine the amount of consolation money as KRW 15,00,000.

C. According to the theory of lawsuit, the defendant seeks from the plaintiff as the plaintiff as the plaintiff's tort amounting to KRW 15,000,000 and since the date of tort.

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