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(영문) 서울서부지방법원 2019.10.15 2019가단219161
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as annual 5% from May 14, 2019 to October 15, 2019 to the Plaintiff.

Reasons

1. Facts without dispute;

A. The plaintiff is a legally married couple who completed the marriage report with C on June 22, 2002.

B. From January 2019, the Defendant divided the conversation with C through “D”, which is a fish c, and came to a sexual intercourse. From May 14, 2019 to May 14, 2019, the Defendant sent back the gap between them.

2. Determination on the cause of the claim

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). According to the above facts, even if the defendant knew that he/she is a spouse of C, it is obvious in light of the empirical rule that he/she committed an unlawful act with C, thereby infringing upon or impeding the maintenance of the marital life of the plaintiff and C, and that the plaintiff would have suffered considerable mental suffering. Thus, the defendant is obliged to pay consolation money for mental suffering suffered by the plaintiff.

B. Considering the following circumstances as to the amount of consolation money that the Defendant is liable to compensate to the Plaintiff, the amount shall be determined as KRW 15,000,000, in consideration of the following circumstances: (a) the period of marriage and family relationship between the Plaintiff and C; (b) the content, degree and period of unlawful act committed by the Defendant and C; (c) the impact of the Defendant’s unlawful act on the marital life between the Plaintiff and C; and (d) the developments leading up

C. Accordingly, the Defendant’s defense against the Plaintiff regarding the existence or scope of the obligation from May 14, 2019, which was the date of the consolation money of KRW 15,000,000, and the date of the final illegal act, to October 15, 2019, which is the date of the judgment of this case, shall be 5% per annum under the Civil Act and 5% per annum under the Act on Special Cases Concerning the Promotion of Legal Proceedings from the following day to the date of full payment.

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