beta
(영문) 대구지방법원 2019.12.18 2019가단121022

손해배상(기)

Text

1. The Defendant’s KRW 11,00,000 as well as 5% per annum from June 18, 2019 to December 18, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C (1984) on June 19, 2014, the spouse of the Plaintiff (1990s) who completed a marriage report with the Plaintiff (190s) and the Defendant is the same as the Plaintiff and the high school.

B. From October 2018 to May 2019, the Defendant was aware of C and C’s spouse.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 and 6 (including those with a serial number, and hereinafter the same), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant committed an unlawful act with C, and the plaintiff suffered serious mental pain, and the defendant is obligated to pay consolation money of KRW 31 million to the plaintiff.

B. Determination 1) A third party shall not interfere with a marital life falling under the essence of marriage by intervening in a marital life of another person. The act of a third party by committing an unlawful act with one of the married couple, thereby infringing on or hindering the marital life falling under the essence of marriage and infringing on his/her spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes tort in principle (see Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). The term “unlawful act” in this case includes a broad concept that includes adultery, but does not reach the gap, but does not follow the marital duty, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances depending on a specific case (see Supreme Court Decisions 8Meu7, May 24, 198; 8Meu87, Nov. 10, 1992; 206Da3868, Nov. 26, 199).