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(영문) 울산지방법원 2019.01.18 2018가단62197
손해배상(기)
Text

1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from July 17, 2018 to January 18, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C are legal couple who reported marriage on February 21, 2010.

B. From 2014, the Defendant had been aware that C is a father-son and continued to have sexual intercourse with C.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination:

A. A third party shall not interfere with a married couple’s communal living falling under the essence of the marriage by intervening in a couple’s communal living of another person and causing failure of the married couple’s communal living. Thus, a third party’s act of infringing on a married couple’s communal living falling under the essence of marriage by committing an unlawful act with one of the married couple, or interfering with its maintenance, and causing mental pain to the spouse by infringing on the right as the spouse’s right to it

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.) B.

On the other hand, the defendant committed a continuous illegal act with the plaintiff's husband C, which caused a serious mental suffering to the plaintiff by infringing on the plaintiff's common life or impeding the maintenance thereof. Thus, the above act of the defendant constitutes a tort.

Therefore, the defendant shall be liable for the mental damage suffered by the plaintiff.

C. We examine the amount of consolation money that the defendant should compensate.

In full view of all the circumstances indicated in the argument of this case, including the contents, degree and period of the misconduct committed by the Defendant and C, marriage period between the Plaintiff and C, and the influence of the Defendant’s unlawful act on the Plaintiff’s common life and the Plaintiff, which are acknowledged by the aforementioned evidence and all other circumstances revealed in the arguments, the amount of consolation money that the Defendant is liable to compensate the Plaintiff shall be determined as KRW 15 million.

Therefore, the defendant is against the plaintiff.

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