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(영문) 수원지방법원 2017.08.10 2017가단508389
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000 as well as 5% per annum from March 18, 2017 to August 10, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported their marriage on December 30, 1992, and have 1 South Korea under the chain.

B. On August 18, 2016, the Plaintiff: (a) discovered that C and the Defendant were witnessed to enter the house and that C are teaching with the Defendant; and (b) made an objection to the Defendant.

After all, the defendant continued to move with C until April 2017 due to either a travel along with C or a sex relationship.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 12 (including branch numbers for those with additional numbers; hereinafter the same shall apply) 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 above facts of recognition, the Defendant committed an unlawful act with C, the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C, or interfering with its maintenance, thereby causing mental pain to the Plaintiff. This constitutes tort against the Plaintiff.

Therefore, the defendant is obligated to pay consolation money to the plaintiff due to the above illegal act.

With respect to the amount of consolation money, the consolation money shall be determined at 30,000,000 won, in consideration of all the circumstances shown in the pleadings, including the following: (a) the extent and period of the act committed by the Defendant and C, the extent and contents of the act committed by the Defendant and C, the marriage period and family relationship between the Plaintiff and C, the impact of the Defendant’s wrongful act on the Plaintiff’s marital relation, and the Defendant’s continued to maintain C and C for

Therefore, the defendant is liable to pay consolation money of KRW 30,000,000 to the plaintiff and the defendant is liable to pay consolation money of KRW 30,000 on March 18, 2017.

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