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(영문) 대전지방법원천안지원 2020.11.26 2020가단115527
손해배상(기)
Text

1. The defendant's KRW 15,00,000 for the plaintiff and 5% per annum from April 22, 2020 to November 26, 2020 for the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on October 7, 2008, and have minor children (D and E) among them.

B. Around August 2019, the Defendant came to know of the existence of his/her spouse at a meeting via C and C, and began with C with the knowledge of his/her spouse, and around October 2019, the Defendant continued to contact and contact with C by holding the Defendant’s spouse look together with C after the Defendant’s spouse’s divorce even after his/her relationship with C was discovered.

C. Accordingly, the Defendant’s spouse filed a lawsuit claiming consolation money against C around December 31, 2019, and the Plaintiff was served with a duplicate of the above complaint on February 2020 and became aware of the relationship with the Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, 8, 9, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition of the occurrence of liability for damages, the defendant committed an unlawful act with C even though he/she is a spouse of C, and thereby, the plaintiff's marital relationship was infringed or the maintenance thereof was interfered with. Thus, the defendant has a duty to raise mental suffering suffered by the plaintiff in money.

(A) Although the Defendant asserts that the Plaintiff and C’s marital relationship had already been broken down at the time when the Defendant started to come into a cooperative system with C, it is insufficient to recognize the Defendant’s assertion solely by the description of the evidence No. 1.

The amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 15,00,000, comprehensively taking into account various circumstances shown in the pleadings of the instant case, including the details and details of fraudulent act between the Defendant and C, the period of marriage and family relationship between the Plaintiff and C, and the impact of the Defendant’s improper act on the Plaintiff’

C. Accordingly, according to the theory of lawsuit, the defendant is obligated to perform as the defendant from April 22, 2020, which was the day following the delivery date of the copy of the complaint of this case, as requested by the plaintiff, as the plaintiff, since 15,000,000 won and since the date of tort.

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