beta
(영문) 수원지방법원 안양지원 2017.01.13 2016가단117726

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from August 6, 2016 to January 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a married couple who reported the marriage on March 12, 2007.

B. Around June 2016, the Defendant received text messages with C and 2016, or suggesting an unlawful act.

C. The Plaintiff and C are not divorced.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 14 (including each number), the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997). “Unlawful act committed by a spouse” under Article 840 Subparag. 1 of the Civil Act is a wider concept including a adultery, and does not reach the common sense, but includes any unlawful act not conforming to the husband’s duty of good faith (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). Whether an act constitutes an unlawful act ought to be evaluated in consideration of the degree and circumstances of each specific

(2) According to the reasoning of the lower judgment, the lower court erred by misapprehending the legal doctrine on the part of the Plaintiff’s spouse, thereby adversely affecting the conclusion of the judgment, and thereby adversely affecting the conclusion of the judgment. In so doing, it is sufficient to view that the lower court erred by misapprehending the legal doctrine on the part of the Plaintiff, thereby adversely affecting the conclusion of the judgment.

Therefore, the defendant is obliged to pay a reasonable amount of consolation money to the plaintiff in order to compensate the damages caused by the above tort.

As to the amount of consolation money, it is reasonable to determine consolation money in 15,00,000 won in consideration of various circumstances shown in the entire pleadings, such as health class, the degree and period of fraudulent acts committed by the defendant and C, and the contents thereof.

Therefore, the defendant shall pay consolation money of KRW 15,000,000 to the plaintiff and a copy of the complaint of this case.