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(영문) 서울서부지방법원 2020.02.04 2019가단245405
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as its annual rate from October 22, 2019 to February 4, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 27, 2005, the Plaintiff and C have three minor children under the chain of law, who completed the marriage report.

B. The Defendant committed an unlawful act, such as referring one another to Kakao Stockholm message, and referring one another to her “n’t,” and her expression in good faith, with the knowledge that he/she is a spouse, from around 2017 to 1 year.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, and purport of the whole pleadings

2. Determination:

(a) A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of a married couple’s communal living by participating in another person’s marital life. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, thereby infringing on his/her right as a spouse and causing mental distress

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). B.

According to the above facts of recognition, the defendant committed an unlawful act with C while being aware of the fact that C is a spouse of C, thereby infringing upon the plaintiff's spouse's right as the spouse of C by interfering with the maintenance of the marital life of the plaintiff and C, and it is clear in light of the rule of experience that the plaintiff suffered considerable mental suffering due to the defendant's unlawful act, and therefore, the defendant is obliged to pay compensation for mental suffering suffered by the

C. As to the amount of consolation money, in light of all the circumstances shown in the pleadings of the instant case, such as health group, the period of marital life of the Plaintiff and C, the period and degree of the unlawful act committed by the Defendant and C, and the influence of the unlawful act on the marital life of the Plaintiff and C, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 2 million.

Therefore, the defendant.

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