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(영문) 의정부지방법원 고양지원 2021.03.25 2020가단90625
손해배상(기)
Text

1. The defendant is 5% per annum from September 1, 2020 to March 25, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a spouse under law who completed the marriage report with C on April 25, 1996.

B. From October 2018 to February 2019, the Defendant knowingly committed unlawful acts, such as engaging in a sexual intercourse with C, with the knowledge that C was a father-Nam.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 4 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. A. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of a third party and causing failure of a couple’s communal living. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple, and a third party shall not interfere with a couple’s communal living falling under the essence of marriage by infringing on or interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple and his/her spouse, and thereby infringing on his/her right as the spouse’s spouse, thereby causing mental pain to the spouse, in principle, constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201). (b) According to the above acknowledged facts, C is a person who has a spouse and the defendant is aware that he/she is his/her spouse, even if having knowledge that he/she is his/her spouse, thereby infringing on the Plaintiff’s right as a spouse.

(c)

B. It is reasonable to determine the amount of consolation money as KRW 15 million in consideration of the health team, the marriage period of the Plaintiff and C, the family relationship, the period in which the relationship with the non-wheeled family continues, and all other circumstances revealed in the arguments of this case, as to the amount of consolation money that the Defendant is liable for.

(d)

Therefore, the defendant is about the existence and scope of the defendant's obligation from September 1, 2020, which was the day after September 1, 2020, which the plaintiff sought against the plaintiff as to the KRW 15 million and the copy of the complaint of this case.

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