(영문) 부산지방법원동부지원 2020.09.24 2020가단207026

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원동부지원 2020.09.24 2020가단207026

손해배상(기)

Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from April 8, 2020 to September 24, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on May 13, 2016.

B. From around 2018 to February 2020, the Defendant, despite being aware that C is a spouse of C, maintained an inhumane relationship by attending a meeting of the same staff group of C with the awareness that C is a spouse.

C. On February 17, 2020, the Defendant, during the Do disputing with C on February 17, 2020, known the Plaintiff that the Plaintiff was in in the badial relationship for 2 years with C, and the Plaintiff was in the situation of the Maternian since it was long time for the Plaintiff to give the second birth.

The plaintiff has not filed a divorce lawsuit against C or agreed divorce.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), and the purport of the whole pleadings

2. Determination

A. The husband and wife of the liability for damages shall be faithful to the duty of good faith, and commit unlawful acts which are not faithful to the husband and wife’s duty of good faith shall constitute tort against the other spouse.

The defendant has continued to establish a non-human relationship with C even though he was aware that there was the plaintiff who is a legal spouse of C. Since it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to the defendant's improper act, the defendant is obliged to pay the plaintiff the mental suffering suffered by the plaintiff in money.

B. As to the amount of consolation money to be paid by the Defendant within the scope of compensation for damages, the amount of consolation money to be paid by the Defendant shall be determined as KRW 15 million in full view of various circumstances shown in the pleadings of the instant case, such as health team, the content, degree, period, the period of the unlawful act committed by the Defendant and C, the marital life and family relationship between the Plaintiff and C, the circumstance where the Defendant’s unlawful act became known to the Plaintiff, and the influence of the Defendant and C’

3. Conclusion, the defendant did not pay consolation money to the plaintiff 15 million won.

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