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(영문) 수원지방법원 2019.08.22 2018가단562069

손해배상

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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from March 26, 2018 to August 22, 2019.

Reasons

1. Basic facts

A. The plaintiff and C are legally married couple who completed the marriage report on October 15, 1996, and have one child under the chain.

B. On March 26, 2018, the above C made a telephone call to the Defendant on the following: “I wish to see and die” by posting a phone, and the Defendant and C have brought about the call frequently through a mobile phone text message or telephone call.

[Ground of Recognition] Facts without dispute, entries or images of Gap evidence 1 through 10 (including the number of each branch), the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). The term “unlawful act” in this case is a broad concept that includes adulterys and does not reach common sense, but includes any unlawful act that does not conform to the husband’s duty of good faith, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances of the specific case (see Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above recognized facts, according to the defendant’s awareness that the spouse was a person who has a spouse, thereby infringing on the spouse’s mental suffering or has no obligation to engage in such an unlawful act, barring any special circumstance, the defendant has a mental suffering.

B. Furthermore, the scope of the liability for damages and the amount of consolation money to be paid by the Defendant is about health care unit, the Plaintiff and C’s marital life period.