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(영문) 대전지방법원 천안지원 2018.12.19 2018가단109406
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from April 12, 2018 to December 19, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on July 1, 2009.

B. The Defendant knowingly committed an unlawful act, such as committing a sexual intercourse, from August 2014 to August 2017, with knowledge that he/she had a spouse C.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, 9, 12 through 14 (including Serial number), and the purport of the whole pleadings

2. In principle, a third party who renders a judgment by committing an unlawful act with the spouse, thereby infringing on a marital life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort, and the third party is liable to compensate for the mental suffering suffered by the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above facts of recognition, the Defendant committed an unlawful act of having a sexual relationship with C even though he/she is a spouse of C, and the Plaintiff suffered emotional distress due to such an act by the Defendant is obvious in light of the empirical rule.

The defendant is obligated to do so in money for mental suffering suffered by the plaintiff.

With respect to the amount of consolation money that the Defendant is liable for compensation, the amount shall be determined as KRW 15,00,000, taking into consideration the various circumstances shown in the pleadings of this case, such as the content, degree and period of the unlawful act committed by the Defendant and C, the marriage period and family relationship between the Plaintiff and C, and the impact of the Defendant’s unlawful act on the Plaintiff’s common life.

The defendant's damages damages amounting to KRW 15,00,000 and the damages amounting to the plaintiff to KRW 15,000,000, and the decision of this court that is reasonable to dispute the existence or scope of the obligation from April 12, 2018, following the delivery of a copy of the complaint of this case to the defendant as sought by the plaintiff.

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