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(영문) 수원지방법원 2020.02.11 2019가단538353
손해배상(기)
Text

1. The Defendant’s KRW 16,00,000 as well as 5% per annum from August 10, 2019 to February 11, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on May 6, 1996.

B. The Defendant knew that C was a woman, and committed an unlawful act, such as having contact with C several years, having been committed several times, and having committed an adultery.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4, 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 a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). Comprehensively taking account of the facts acknowledged earlier, it is reasonable to deem that the Defendant committed an unlawful act with the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C or interfering with its maintenance, thereby suffering from mental pain to the Plaintiff.

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

B. Although the record containing the content, degree, and period of the Defendant and C’s wrongful act, the influence of the above improper act on the Plaintiff’s marital relationship, and the record containing the Defendant’s wrongful act with C was submitted as evidence, it is reasonable to determine the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff as KRW 16,00,000, considering various circumstances shown in the argument of the instant case.

Therefore, the Defendant, as a result of tort, is stipulated in the Civil Act from August 10, 2019 to February 11, 2020, which is the date of the judgment of the court below, that the Defendant’s defense as to the existence and scope of the obligation to perform as to the Plaintiff from August 10, 201, following the delivery date of the complaint, as sought by the Plaintiff.

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