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(영문) 서울북부지방법원 2017.08.17 2016가단124334
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from June 14, 2016 to August 17, 2017.

Reasons

1. In full view of the overall purport of arguments and arguments as to the evidence Nos. 2, 4 through 8, and 10 through 15, the facts of recognition are the legal couple who reported marriage on November 2, 2009 and three children among the plaintiff and C, and C have three children since Jan. 2, 2015, while serving as public interest service personnel of the Seoul Administrative Court from Jan. 26, 2015 to Oct. 26, 2016, maintaining a close relationship between the defendant and the working partner, who is a working partner, and the working partner, with a higher-friendly relationship between the defendant and the working partner, and the defendant was sexually related in the plaintiff's house while blocking the plaintiff's misconduct during the above period, and also prepared litigation costs so that C may bring a divorce lawsuit against the plaintiff.

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant’s act of committing an unlawful act, including a sexual intercourse with C, the Plaintiff’s spouse, constitutes an unlawful act detrimental to the peace of home against the Plaintiff by itself, and this constitutes a tort against the Plaintiff. As such, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress, and thus, the Defendant is obliged to pay the Plaintiff a monetary penalty.

B. Furthermore, the amount of consolation money to be paid by the Defendant is 20 million won, considering the health team, the period of marriage between the Plaintiff and C, the content and duration of the misconduct committed by the Defendant and C, and the circumstances leading up to the Defendant’s establishment of improper relations with C.

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