(영문) 의정부지방법원고양지원 2020.05.08 2019가단100670

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(영문) 의정부지방법원고양지원 2020.05.08 2019가단100670

손해배상(기)

Text

1. The defendant's KRW 20,000,000 and about this, 5% per annum from January 15, 2020 to May 8, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C shall complete the report of marriage on July 15, 2004, and they shall be the couple who has continued the marriage until the date of closing the pleadings in this case.

B. Around August 2019, the Defendant became aware of C at D Golf club, and had a sexual intercourse with C several times from October 2019 to January 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, it is reasonable to view that the defendant, even though he is aware that he is a spouse of C, committed an unlawful act with C, thereby infringing upon the plaintiff's and C's community life or interfering with its maintenance, and infringed upon the plaintiff's spouse's right as his spouse. Accordingly, it is clear in light of the empirical rule that the plaintiff suffered mental pain. Therefore, the defendant is obliged to pay consolation money as compensation for mental damage to the plaintiff. 2) The defendant, before the defendant delivered C with C, has already been living in several years, and the plaintiff and C still continued their lives for several years. Thus, the plaintiff and C continued their lives for several years.

The defendant's assertion is without merit, since there is no evidence to support that the marital life has actually broken down.

B. 1) The scope of liability for damages is set at KRW 20,000,00, taking into account the following circumstances acknowledged earlier and the overall purport of the evidence and arguments, namely, the content, background, degree and period of the misconduct committed by the Defendant and C, the marriage period and family relationship between the Plaintiff and C, and the Defendant’s wrongful act, etc., and the influence of the Plaintiff’s communal living. 2) The Defendant becomes the Defendant’s house after having become aware of the Plaintiff’s fraudulent act.

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