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(영문) 수원지방법원 2019.08.14 2018가단559698
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from December 20, 2018 to August 14, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on May 31, 2003, and have two children (the remaining in 2003, the remaining in 2006) under their chains.

The defendant is a person who operates a head office in the name of "D" in the vicinity of the plaintiff's residence.

B. Around September 2017, the Defendant came to know C at the heading house operated by the Defendant, with the work bonus, and thereafter came to know C at the first time, and thereafter became closely related to C.

Since November 2017, the Defendant, despite being aware of the existence of the spouse of C, has developed from November 201 to the relationship with C, and continued to extend to May 2018, such as having sexual intercourses in the above heading and telecom.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the witness C's testimony, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Even if a third party is involved in a marital life of another person, which is equivalent to the essence of the marriage, such as causing a failure of a marital life by intervening in a marital life of another person, and the act of a third party to infringe on or interfere with a marital life which corresponds to the essence of the marriage by committing an unlawful act with one of the married couple, and thereby inflict mental pain on the spouse by infringing on the right as the spouse; and

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.

According to the above facts of recognition, the defendant committed an unlawful act with C having a spouse. This is an act of infringing upon the right of the plaintiff's common life of the spouse C, which is the spouse of C, thereby causing mental suffering. Thus, the defendant has a duty to pay the plaintiff's mental suffering in money.

C. Furthermore, regarding the amount of consolation money to be paid by the Defendant, the health unit, the Plaintiff’s age, family relationship, marriage period, the period of fraudulent act, the form of fraudulent act, the period before and after, the Defendant denies the fact of fraudulent act, and the relationship between the Plaintiff and C.

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