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(영문) 춘천지방법원강릉지원 2019.05.01 2018가단34694
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from January 15, 2019 to May 1, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legal couple who completed the marriage report on January 10, 2002, and have children of 16 and 10 years of age between them.

B. The Defendant and C exchanged several contacts from February 2018 to August 201 of the same year, and exchanged with the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 1-1, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context refers to not limited to gender relations, but to all acts that are not faithful to the husband’s duty of good faith, and whether such acts are illegal or not shall be evaluated in consideration of the degree and circumstances depending on specific cases.

(see, e.g., Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). According to the above facts and legal principles, the defendant committed an unlawful act, such as having knowledge that C is a spouse, by communicating C with C, and communicating with C. This constitutes a tort against the plaintiff, and it is obvious in light of the empirical rule that the plaintiff suffered severe mental pain.

The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

B. As to the amount of consolation money within the scope of liability for damages, there are various kinds of arguments in the instant case, such as health room, marriage period between the Plaintiff and C, the extent of the Defendant’s wrongful act, the influence of the Defendant’s wrongful act on the Plaintiff’s common life, and the Plaintiff has received mental treatment, and the progress before and after the instant lawsuit.

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