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(영문) 청주지방법원 2018.11.15 2018가단26000

손해배상(기)

Text

1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from March 14, 2018 to November 15, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse who completed the marriage report on June 23, 1997 with the deceased C.

B. Around October 2013, the Defendant worked as a nurse at a hospital where the deceased C worked, and around May 2014, in collaboration with the facility management team to which the deceased belongs, the Deceased was known, and around December 2015, the Defendant was employed as the deceased and his/her staff members.

C. On May 25, 2017, the Deceased died in a refluence color.

[Ground of recognition] The fact that there is no dispute, Gap 1 or 5's each entry (including additional number), and the purport of whole pleading

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the above facts, the Defendant committed an unlawful act with knowledge of the fact that the deceased was in a marital relationship with the Plaintiff, thereby infringing on or obstructing the Plaintiff’s communal life and infringing on the Plaintiff’s right as the spouse, thereby causing emotional distress to the Plaintiff. As such, the Defendant is liable to compensate for emotional distress suffered by the Plaintiff.

B. Considering the marriage period and family relationship between the Plaintiff and the Deceased, and the period and contents of unlawful acts by D and the Defendant, the amount of consolation money shall be determined at KRW 15 million.

C. Accordingly, according to the theory of lawsuit, the Defendant is the Plaintiff’s damages amounting to KRW 15 million and the damages amount therefrom after the date of tort.