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(영문) 대전지방법원천안지원 2015.10.13 2015가단103926
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from May 20, 2015 to October 13, 2015, respectively.

Reasons

The Plaintiff is the spouse of C who was married on February 1, 2001 with C, and C and the Defendant become aware of the business, and the concerns about family life have been divided, and the Defendant and C have sexual intercourse on March 2015. At the time, the Defendant was aware of the spouse of C at the time, and the Defendant and C knew of the fact that they had sexual intercourse several times from May 201 to May 201, may be recognized by taking into account the overall arguments in each entry in the evidence No. 1 to 10.

A misunderstanding or a third party shall not interfere with a married couple's community life, which corresponds to the nature of the marriage, such as interfering with a couple's community life by causing a failure of a 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.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). In light of such legal principles, according to the above acknowledged facts, the Defendant committed an unlawful act with the Plaintiff’s spouse, thereby infringing or interfering with the Plaintiff’s communal living or interfering with the maintenance of the Plaintiff’s marital life, and suffering from mental pain on the Plaintiff.

The defendant's above misconduct constitutes a tort.

Therefore, the defendant is obligated to pay consolation money corresponding to the mental suffering suffered by the plaintiff due to the above illegal act.

We examine the amount of consolation money to be paid by the defendant.

All the circumstances revealed in the argument in this case, namely, the marriage period of the Plaintiff and C, the Plaintiff’s age, occupation, economic situation, children’s age, background leading up to the conflict between the Defendant and C, the teaching period, the details and degree of the act, the attitude of the Plaintiff and the Defendant after the act, the degree of failure of the Plaintiff’s marital life,

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