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(영문) 대구지방법원 2016.01.15 2015가단111553

손해배상(기)

Text

1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and 5% per annum from May 30, 2015 to January 15, 2016; and (b) the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff and C are married couple who completed the marriage report on December 3, 2012, and the Defendant knowingly committed fraudulent acts, such as having a multiple-time sexual relationship with C with C, despite being aware of the spouse’s existence, may be recognized in full view of the purport of the entire pleadings in each of the statements in subparagraphs 1 through 8 above.

B. 1) Determination 1) In principle, a third party’s act of infringing on a married 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, thereby causing mental pain to the spouse, thereby constituting a tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). 2) In light of the facts acknowledged above, the Defendant’s act of having committed a tort with C constitutes a tort against the Plaintiff, and thereby, the Plaintiff appears to have suffered mental pain. Accordingly, the Defendant is obligated to pay consolation money to the Plaintiff.

3) Furthermore, comprehensively taking account of the period and attitudes of the Defendant’s misconduct committed by the Defendant, and the degree of infringement of the Plaintiff’s common life between the Plaintiff and C, it is reasonable to set consolation money to the Plaintiff as KRW 15 million. Accordingly, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 15 million and damages for delay calculated at each rate of 15% per annum under the Civil Act from May 30, 2015 to January 15, 2016, which is the day following the delivery date of the copy of the complaint in this case against the Defendant, as sought by the Plaintiff, as the result of the tort committed by the Plaintiff.

2. Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are accepted.