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(영문) 서울남부지방법원 2018.07.18 2018가단204972

손해배상(기)

Text

1. The Defendant: (a) KRW 5 million to the Plaintiff; and (b) 5% per annum from February 7, 2018 to July 18, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff (191) and C (193) are legal couples who completed the marriage report on October 30, 2013.

B. On November 2017, 2017, the Defendant (1995s) became aware of C, which was newly issued to another company located in a company where the Defendant works for the Defendant, and C knowingly became aware that it was her father-Nam, she was close to C on November 2017, and her sexual intercourse with C on December 8, 2017.

C. Until December 11, 2017, the Defendant: (a) performed an petcing act with C by not later than December 1, 2017; and (b) came to know of the relationship between C and the Defendant on December 11, 2017; and (c) subsequently, the relationship between C and the Defendant was completely organized.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1, the purport of the whole pleadings

2. Determination:

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the health care unit and the above facts of recognition, the Defendant, despite being aware that C is a spouse, made an inappropriate teaching system with C. This constitutes an unlawful act that violates the essence of marriage or interferes with the maintenance of community life of the married couple and infringes upon the rights of the Plaintiff’s spouse.

Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.

B. The Defendant shall compensate the Plaintiff for damages, taking into account various circumstances indicated in the instant argument, such as the content, degree, and period of the unlawful act committed by the Defendant and C, and the impact of the said unlawful act on the marriage relationship between the Plaintiff and C.