손해배상(기)
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
The facts of recognition are the legal couple who reported marriage on February 27, 2001, and the plaintiffs are children among them. < Amended by Presidential Decree No. 17470, Feb. 27, 2001>
The defendant, while knowing that he had a spouse, has formed an illegal relationship with the deceased from June 201, at least since June 201.
On February 25, 2018, the Deceased died after being projected on the F apartment G-dong rooftop in Echeon-si.
[Ground of recognition] The plaintiffs' assertion of facts without dispute, Gap evidence Nos. 1 through 9 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings is that "a person who injures another person's life is liable for damages to his/her lineal ascendant, lineal descendant and spouse even if he/she does not have any property damage."
The defendant threatened the deceased at his work without divorce with C, by stating that “I would be frighten in the internal relationship with the defendant.” The deceased committed the remaining suicide due to extreme fear.
As the defendant has harmed the deceased's life, the defendant is liable to compensate the plaintiffs, who are their children, for mental damage suffered by the plaintiffs pursuant to Article 752 of the Civil Act.
Judgment
First, we examine whether the plaintiffs' claim for damages occurred or not.
The fact that the deceased committed suicide on February 25, 2018 is as seen earlier.
In addition, according to the statements and images of the evidence Nos. 8 and 19-1, 20, 23-25 of the deceased, it is recognized that, before the deceased died, the Defendant sent a text message to the police station at the work of the deceased, to the effect that the Defendant would know about his internal relations with the deceased.
However, the following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions of Nos. 1 through 3 and the overall purport of the pleading, namely, ① the Deceased requested a divorce by disclosing the fact that he/she was in an internal relationship with the Defendant around January 2018, and the Deceased died.