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(영문) 부산지방법원 2017.10.24 2017가단308565
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 13, 2017 to October 24, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff married with C around 1998.

B. From around 2015, the Defendant, who was the head of an elementary school of C, committed an unlawful act, such as having been aware of the fact that C was in a legal marital relationship with C while continuing to meet with C.

C. The plaintiff is suffering from conflicts with C due to the above improper act.

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

2. The judgment-making third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts, the Defendant, even though being aware that C is a spouse, committed an unlawful act, such as having knowledge of his/her spouse, and continuing his/her meeting, committed an illegal act. The Defendant’s act was in violation of the Plaintiff’s marital relationship or interfered with his/her maintenance.

The defendant has a duty to care for mental suffering suffered by the plaintiff in money, unless there are special circumstances.

Furthermore, with regard to the amount of consolation money, the degree and period of misconduct, whether the defendant's mistake was committed after detection of misconduct, attitude of reflection, the period of marriage of the plaintiff and its marital life led to failure, and the plaintiff seems not to have filed a claim for consolation money against C. It appears that the defendant's husband D filed a lawsuit against C for compensation for damages arising from a fraudulent act against C, and the mediation of the contents that C pays KRW 10 million to D is deemed to have been completed, considering all the circumstances shown in the argument of this case.

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