beta
(영문) 청주지방법원 제천지원 2021.02.03 2020가단22540

손해배상(기)

Text

The defendant's KRW 20,000,000 to the plaintiff and about this, 5% per annum from November 7, 2020 to February 3, 2021.

Reasons

1. Basic facts

A. The Plaintiff is a legally married couple who reported marriage on June 7, 2013 with C and C, and the Plaintiff and C have one child.

B. The Defendant was aware that he was married to the Plaintiff and the elementary school, and was in charge of marriage-based social welfare between the Plaintiff and C.

The defendant and C have a sexual intercourse from around 2019 to 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) In principle, a third party’s act of infringing on or interfering with the common life of the married couple falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201). 2) In full view of the evidence and the purport of the whole arguments and arguments mentioned above, the defendant can be found to have committed an unlawful act with C even though he/she knows that he/she has a spouse.

Such unlawful act by the defendant constitutes a tort since it constitutes a tort since it infringes on the common life of the couple between the plaintiff and C, interferes with their maintenance, and infringes on the rights of their spouse, thereby causing mental suffering to the plaintiff.

Therefore, the defendant is obliged to pay consolation money for mental distress to the plaintiff.

B. Taking into account all the circumstances pertaining to the instant case, such as the above recognition scope of the liability for damages, the background, degree, and period of the unlawful act committed between the Defendant and C, the marriage period and family relationship between the Plaintiff and C, and the impact of the Defendant’s unlawful act on the marital relationship between the Plaintiff and C, the amount of consolation money that the Defendant is liable to pay to the Plaintiff shall be KRW 20,000

(c)

According to the theory of lawsuit, the defendant is against the plaintiff.