(영문) 부산지방법원동부지원 2020.09.03 2020가단202410

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Reasons

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(영문) 부산지방법원동부지원 2020.09.03 2020가단202410

손해배상(기)

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The defendant's KRW 20,000,000 for the plaintiff and 5% per annum from February 18, 2020 to September 3, 2020.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on April 13, 1994.

B. From around 2017, the Defendant prepared a letter stating that “A shall recognize an inappropriate relationship with C and thereafter not meet or contact C,” with the Plaintiff, who became aware of such fact, even though having been aware that C is a spouse, he/she had a sexual intercourse several times with C, and around October 17, 2017.”

C. However, from January 2019 to February 2020, the Defendant maintained the inhumanity relationship with C by, for instance, engaging in the sexual intercourse with C from January 201 to February 202.

The plaintiff has not filed a divorce lawsuit against C or agreed divorce.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 and 12 and the purport of the whole pleadings

2. Determination

A. The husband and wife of the liability for damages shall be faithful to the duty of good faith, and commit unlawful acts which are not faithful to the husband and wife’s duty of good faith shall constitute tort against the other spouse.

The defendant has continued to establish a non-human relationship with C even though he was aware that there was the plaintiff who is a legal spouse of C. Since it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to the defendant's improper act, the defendant is obliged to pay the plaintiff the mental suffering suffered by the plaintiff in money.

B. In full view of all the circumstances shown in the pleadings of the instant case, including the health team, the content, degree, period, and the period of the unlawful act committed by the Defendant and C, the period of married life and family relationship between the Plaintiff and C, and the impact of the Defendant and C’s unlawful act on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money to be paid by the Defendant as KRW 20 million.

3. Conclusion, the defendant is the plaintiff as consolation money of KRW 20 million and the plaintiff as it was after the date of tort.

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