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(영문) 의정부지방법원 2020.08.18 2020가단113372
손해배상(기)
Text

The defendant shall pay to the plaintiff A KRW 20 million, KRW 200,000, and KRW 200,000 to the plaintiff B, and each of the above money from April 29, 2020 to August 20.

Reasons

1. Basic facts

A. The plaintiff A is a legally married couple who completed the marriage report on June 28, 2004 with D and D, and the plaintiff B is a child of the plaintiff A and D.

B. The Defendant, while working as an employee of the Korea Agricultural Corporation E company operated by D, was in an inappropriate relationship, such as having sexual intercourses with D for 4 to 5 years with knowledge of the existence of a spouse.

C. The Defendant sent video images to Plaintiff B, a child of D, including their sexual intercourses with D, to mobile phones.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including each number in the case of additional number), the purport of the whole pleadings

2. The act that the third party to a judgment on the claim of the plaintiff A, by committing an unlawful act with the spouse, infringes on the marital life falling under the essence of the marriage, interferes with the maintenance thereof, and infringes on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort in principle.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). According to the facts acknowledged earlier, the Defendant recognized that the Defendant committed a tort with D, the spouse of the Plaintiff, and it is reasonable to deem that the Defendant’s wrongful act infringed upon the husband’s and wife’s communal living and interfered with the maintenance thereof.

Therefore, the defendant is liable to compensate for the mental suffering suffered by the plaintiff A due to the above improper act in money.

As to the amount of consolation money that the Defendant is liable for, comprehensively taking account of all the circumstances revealed in the arguments of the instant case, such as health team, the period of marital life and family relation of the Plaintiff A and D, the period and degree of the unlawful act of the Defendant and D, the impact of the above improper act on the marriage between the Plaintiff A and D, and circumstances after the act was revealed, it is reasonable to determine the amount of consolation money as KRW 20,00

3. A female who has a spouse to judge the claim of the plaintiff B shall be boomed with his spouse, and such female shall be removed from his spouse.

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