(영문) 서울중앙지방법원 2020.08.26 2019가단5268422

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(영문) 서울중앙지방법원 2020.08.26 2019가단5268422

손해배상(기)

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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 6, 2019 to August 26, 2020.

Reasons

Basic Facts

The plaintiff is a legally married couple who completed the marriage report on April 23, 1985 and C, and two children are under the chain.

The defendant knew of the fact that C is pro-Nam and committed an unlawful act, such as having sexual intercourses several times with knowledge of the fact that C is pro-Nam, and having sexual intercourses through telephone conversations, text messages, etc.

[Ground of recognition] A’s absence of dispute, each entry and video of evidence Nos. 1 through 20, and a third party’s judgment as to the cause of a claim as a whole for the purport of the pleadings shall not interfere with a married couple’s community life falling under the essence of marriage by participating in a married couple’s community life.

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.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the defendant committed an unlawful act even though he/she is a spouse of C. Since the defendant's act infringed upon the plaintiff's marital relationship or interfered with the maintenance thereof, the defendant has a duty to pay mental pain suffered by the plaintiff in money.

Although the Defendant asserts that the marriage between the Plaintiff and C began to be in conflict with C around 2017, the Defendant did not constitute tort liability against the Defendant, there is no evidence to acknowledge it, and it is sufficiently recognized that the aggravation of the marriage between the Plaintiff and C is due to the act of misconduct between the Defendant and C as seen earlier. Therefore, the Defendant’s argument is without merit.

Furthermore, regarding the amount of consolation money that the defendant should compensate, the content and degree of the fraudulent act committed by the defendant and C, the period, the marriage period and family relationship between the plaintiff and C, and

참조판례

-대법원 2014. 11. 20. 선고 2011므2997 전원합의체 판결

유사 판례

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