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(영문) 인천지방법원부천지원 2016.04.07 2015가단117082
손해배상(기)
Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate of 5% from December 15, 2015 to April 7, 2016.

Reasons

1. Facts of recognition;

A. On August 23, 2014, the Plaintiff and C were legally married couple who completed a marriage report on November 7, 2014, and have D (Es and South) under the chain.

B. From around B, 2013, the Defendant and C were in conflict with each other from A to B before the marriage ceremony was raised. The Plaintiff and C continued to contact even after the marriage report was completed on April 2, 2015, while continuing to contact with each other.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

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

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above facts of recognition, the Defendant, despite being aware that C is a spouse, had a sexual intercourse with a considerable period of time.

This constitutes an unlawful act that infringes on a marital life contrary to the essence of marriage or interferes with the maintenance thereof and infringes on the rights of the plaintiff's spouse.

Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.

B. Considering the contents, degree, and period of the unlawful act committed by the Defendant and C, the influence of the unlawful act on the marriage between the Plaintiff and C, the marriage period and children of the Plaintiff and C, and the age of the Plaintiff and the Defendant, the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff is reasonable.

Therefore, the defendant shall pay consolation money to the plaintiff KRW 7,000,000 and this case.

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