beta
(영문) 서울중앙지방법원 2017.09.26 2016가단5242894

손해배상(기)

Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from April 11, 2017 to September 26, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is the husband and wife who completed the report of interference on December 19, 197 with C and two children.

B. From the year of 2014, C had been working on the gambling day. On June 17, 2016, the Plaintiff confirmed that C’s mobile phone sent the message “competing or loving” from the Defendant, and thereafter confirmed C from Kakakaox to the Defendant that C sent the message “I wishing to be seen earlier” and “I” with the Defendant, and found C and the Defendant’s photograph at the same place.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8, images, the purport of the whole pleadings

2. The assertion and judgment

A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as the spouse by committing an unlawful act with the spouse of the married couple, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court Decisions 2013Meu2441, May 29, 2015; 2004Da1899, May 13, 2005). According to the above recognition, the Defendant committed a continuous illegal act for a considerable period even though he/she is aware that he/she is a spouse, and this constitutes an act of infringing on a couple’s communal life falling under the essence of marriage or infringing on the spouse’s right as the spouse.

I would like to say.

Therefore, the defendant has a duty to do so in monetary reward for mental suffering suffered by the plaintiff.

In regard to this, the defendant is merely a person who conducts a Doing work by forming C and team, and Doing together with the team members and drinks alcoholic beverages while drinking with C and two thousand Doings of drinking or drinking, and C is merely a Kakao Stockholm for the purpose of continuing the work to be performed by the defendant who is the team leader.