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(영문) 인천지방법원 2021.02.23 2020가단224172

손해배상(기)

Text

The defendant's KRW 20,000,000 to the plaintiff and about this, 5% per annum from June 18, 2020 to February 23, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed a marriage report with C on February 19, 2016, and two minor children (2016, 2018, 2018).

B. From January 2019, the Defendant, despite being aware that C was a spouse, expressed Kakao Stockholm messages, etc. from time to time with C with the knowledge that C was a spouse, and took photographs and videos showing Skin chines, and sent C a photograph of exposure to clothes.

The defendant has established an inappropriate relationship, including the sex relationship with C as above.

(c)

On March 2, 2020, the Plaintiff became aware of the teaching system between the Defendant and C through the Kakao Stockholm message and telephone call details stored in the mobile phone of C around March 2, 202.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12, and the purport of the whole pleadings

2. Determination

A. In principle, a third party who was liable for damages caused emotional distress to a spouse by committing an unlawful act with a spouse and infringing on the communal life of the couple falling under the essence of marriage and impeding the maintenance of the marital life and his/her spouse's right as the spouse (see Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above facts of recognition, the defendant, even though he/she was aware that he/she was a spouse of C, committed an unlawful act, thereby infringing on the common life of the plaintiff and C, interfering with their maintenance, and thereby causing emotional distress to the plaintiff by infringing on the plaintiff's right as the spouse of the plaintiff (see Supreme Court Decision 2013Meu241

It is reasonable to view it.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

B. 1) Furthermore, with respect to the amount of consolation money that the Defendant is liable for compensation, the Plaintiff and C’s period of marriage, family relationship, and the Defendant’s and C’s wrongful act, as a whole, and the extent and period of the entire arguments.