logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.11 2016가단5078574
손해배상(기)
Text

1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and 5% per annum from May 14, 2016 to November 11, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal spouse who completed the marriage report with C on December 22, 2005, and the plaintiff has two children aged 8 and 7 years old between C and C.

B. The Defendant committed an unlawful act, such as entering into a sexual relationship with C several times from January 13, 2016 to May 3, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, 19, 20, the purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant, despite being aware that C is a spouse, has sustained fraudulent acts such as having a considerable educational system and having a sexual intercourse, and the Defendant’s act infringed upon the Plaintiff’s marital relationship or interfered with the maintenance thereof.

Therefore, the defendant has a duty to care for mental suffering suffered by the plaintiff in money unless there are special circumstances.

In regard to this, the defendant asserts that at the time of delivery between C and C, the plaintiff and C had already been in a state of marital failure, but there is no evidence to acknowledge it.

B. Furthermore, with regard to the amount of consolation money, the amount of consolation money shall be determined at KRW 15,00,000, considering all the circumstances revealed during the pleadings of the instant case, such as the following: (a) the degree and period of the unlawful act; (b) the defendant's mistake after detection of the unlawful act; and (c) whether the defendant's mistake was committed; and (d) the period of marriage of the plaintiff and the degree of

(c) therefore.

arrow