beta
(영문) 창원지방법원 2019.03.28 2018가단117534

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 24, 2018 to March 28, 2019.

Reasons

1. Basic facts

A. On July 8, 200, the Plaintiff reported marriage with C on July 8, 200 and gave birth to D (E) , F (G) , and H (I).

B. On September 11, 2018, the Plaintiff appears to have given and received text messages while transmitting pictures taken by the Defendant and C, which had a body of the Defendant and C, and was suspected from C of having sexual intercourse, etc. with the Defendant.

C. Around December 2016, the Defendant maintained C-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.D.

The plaintiff is receiving psychological counseling treatment, etc. in this case.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. 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 the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above-mentioned basic facts, it is recognized that the Defendant committed an unlawful act, including sexual intercourse with C, and thereby infringing on the spouse’s right as the spouse, thereby infringing on the spouse’s communal life between the Plaintiff and C, or interfering with the maintenance thereof, and causing mental pain to the Plaintiff.

3. Therefore, the defendant is liable to compensate for the plaintiff's mental loss caused by the illegal act with C.

B. The Defendant shall pay consolation money to the Plaintiff, taking into account all the circumstances revealed in the arguments in the instant case, such as the basic facts and the evidence mentioned earlier, the period of marriage between the Plaintiff and C, the period and degree of the unlawful act committed by the Defendant and C, the impact of the said unlawful act on the Plaintiff’s marital relationship and C’s children, and the Defendant’s family relation and economic situation.