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(영문) 인천지방법원 2018.05.03 2017가단254722
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from December 8, 2017 to May 3, 2018, and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff and C completed the marriage report on February 27, 2014, and the Plaintiff and C are expected to give birth to a child at the end of April 2018.

B. Since November 2016, C and the Defendant maintained the relationship of sexual intercourse by having sexual intercourse several times.

C. On May 7, 2017, the Defendant told the Plaintiff that “C had a sexual intercourse with C, even though having knowledge that it was a father-child, maintained a fluoral relationship, such as drinking alcohol, and around December 2016 and around April 2017.”

Even after September 2017, the defendant sent contact with C and received gifts from C.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including each number for a case with a serial number) or the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes tort in principle.

(Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts, the Defendant knowingly committed an unlawful act with knowledge of the fact that he/she has a spouse C, and thereby inflicted mental pain on the Plaintiff, and the Defendant is obliged to pay the Plaintiff with monetary injury resulting from such an act.

B. In light of the circumstances revealed in the pleadings, such as the scope of damages and the marriage period and family relationship between the Plaintiff and C, the content, degree and period of the unlawful act between C and the Defendant, the impact of the Defendant’s improper act on the Plaintiff’s marital relationship, and the attitude that the Defendant committed against the Plaintiff, the amount of consolation money to be paid to the Plaintiff shall be determined as KRW 20 million

C. According to the theory of lawsuit, the defendant is from December 8, 2017, which was the day following the delivery date of a copy of the complaint of this case, to the plaintiff as consolation money.

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