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(영문) 서울중앙지방법원 2021.01.13 2020가단5250427
손해배상(기)
Text

The defendant's KRW 15,00,000 and its relation to the plaintiff shall be 5% per annum from October 13, 2020 to January 13, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on December 8, 2010, and has two children under the chain.

B. The Defendant, with knowledge of the fact that C was a son’s workplace bonus, maintained an inappropriate relationship with C, such as sexual intercourse with C, even from January 2020 to August 2020.

(c)

The plaintiff and C maintain their marital relations until now.

【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. A third party who has a liability for damages shall not interfere with a married couple’s communal life, such as interfering with a married couple’s communal life by causing a failure of the couple’s communal life, etc.

In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort (see Supreme Court Decision 201Meu2997, Nov. 20, 201). According to the above facts of recognition, the Defendant committed a wrongful act knowing that C is a spouse, and the Defendant committed such act, thereby infringing on the Plaintiff’s marital relationship or interfering with the maintenance thereof.

Therefore, the defendant has a duty to pay mental suffering suffered by the plaintiff in money.

B. In full view of the following: (a) the scope of liability for damages, the period of marriage between the Plaintiff and C, the content and period of fraudulent act, the impact of the illegal act on the marital relationship between the Plaintiff and C, the Defendant recognizes the existence of a fraudulent act as a substitute for the Plaintiff, and the fact that the Plaintiff raises two children, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 15,00

Therefore, the defendant served 15,00,000 won on the plaintiff and a copy of the complaint of this case as the plaintiff seeks.

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