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(영문) 전주지방법원정읍지원 2017.09.26 2016가단1975
손해배상(기)
Text

1. The defendant's KRW 3 million for each of the plaintiffs and 5% per annum from August 8, 2015 to September 26, 2017, respectively.

Reasons

1. Facts of recognition;

A. The net A and D are legally married couple who completed the marriage report on March 19, 1997, and they had the plaintiffs as children under the chain.

B. On August 8, 2015, the Defendant, while knowing that D’s spouse is a person, sent to D and once sexual intercourse within the Defendant’s vehicle near the common cemetery located in the Si F in Jung-Eup.

C. The deceased died on December 1, 2016 while the instant lawsuit was pending.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the foregoing facts, the Defendant, by committing an unlawful act with D and D, committed a tort that infringes on the rights of the deceased and D, thereby infringing on the rights of the deceased and the deceased and causing emotional distress in light of the empirical rule. As such, the Defendant is obliged to do so with money for emotional distress suffered by the deceased and the deceased.

Furthermore, with regard to the amount of consolation money, the amount of consolation money shall be set at KRW 10,500,000, comprehensively taking into account all the circumstances shown in the pleadings of the instant case, such as health class, the period of marriage between the deceased and D, the content and period of fraudulent act between the defendant and D, and the impact of the defendant's fraudulent act on the marriage between the deceased and the D.

Therefore, barring any special circumstance, the Defendant, the heir of the deceased A, shall each be 3 million won (i.e., KRW 10,500,000 x 2/7) based on his/her respective shares of inheritance, and for this reason, 5% per annum prescribed by the Civil Act from August 8, 2015, which is the date of tort until September 26, 2017, and 5% from the following day to the date of full payment.

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