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(영문) 서울서부지방법원 2021.02.16 2020가단303642
손해배상(기)
Text

The defendant's KRW 15,00,000 and its relation to the plaintiff shall be 5% per annum from September 23, 2020 to February 16, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who completed the marriage report on July 10, 2017 with Nonparty C.

B. C and the Defendant came to know through online game meetings, and they came to know that they came to know from April 2020, and they came to know.

[Ground for recognition] Unsatisfy, Gap evidence 1-5, the purport of the whole pleadings

2. Determination

A. In principle, a third party who suffered liability for damages by committing an unlawful act with the spouse, thereby infringing on or interfering with the community life of the married couple falling under the essence of marriage and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 201). According to the above acknowledged facts, even though the defendant knew that he/she is the spouse of C, he/she is recognized as having committed an unlawful act to infringe on the Plaintiff's community life or interfered with the maintenance thereof, and it is obvious in light of the empirical rule that the Plaintiff suffered considerable mental pain, and thus, the defendant is obliged to pay consolation money for mental pain suffered by the Plaintiff.

B. Considering the circumstances indicated in the argument in the instant case, such as health team, the period of marriage and family relationship of the Plaintiff, the content, degree and duration of the unlawful act committed by the Defendant and C, the impact of the Defendant’s unlawful act on the common life of both the Plaintiff and C, and the developments leading up to before and after the instant lawsuit, it is reasonable to determine the amount as KRW 15,00,000.

(c)

Therefore, the defendant, as the plaintiff's petition for consolation money of 15,00,000 won and the defendant's petition for this case after the date of tort, is deemed reasonable to dispute as to the existence or scope of the defendant's duty of performance from September 23, 2020 following the delivery of a copy of the complaint of this case to the plaintiff, as requested by the plaintiff. 5% per annum under the Civil Act until February 16, 2021.

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