(영문) 서울동부지방법원 2019.02.22 2018가단121395

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.02.22 2018가단121395

손해배상(기)

Text

1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate from July 3, 2018 to February 22, 2019, and the following.

Reasons

1. The facts that the plaintiff and the non-party C (hereinafter referred to as "non-party C") had completed the marriage report on May 23, 2013 do not conflict between the parties, or are acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of the evidence No. 1, No. 1, No. 2, No. 2-1, No. 2, and No. 3.

2. The plaintiff's assertion that the plaintiff had a fraudulent act between the non-party and the defendant, and thus the defendant is obligated to pay 31 million won as consolation money to the plaintiff.

3. The act, in principle, of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as a spouse by a third party who has committed an unlawful act with the spouse of the married couple, thereby causing mental suffering to the spouse shall constitute tort; and

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). In full view of the overall purport of the pleadings as to the images of evidence Nos. 5 and 7, and evidence Nos. 8, the Defendant recognized the fact that the Nonparty, even after having become aware of the existence of a marital relationship with the Plaintiff, he/she became aware of the existence of a marital relationship with the Nonparty, and that he/she took part in the unlawful act of violating the duty of good faith against the Nonparty’s spouse.

Therefore, the defendant is liable for the mental damage suffered by the plaintiff in money.

4. Considering the various circumstances revealed in the pleadings of the instant case, such as the scope of liability for damages and the period of marriage between the Plaintiff and the Nonparty, the content and degree of the unlawful act committed by the Defendant and the Nonparty, and the impact of the said unlawful act on the marriage relationship between the Plaintiff and the Nonparty, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the

Therefore, the defendant is therefore the plaintiff 13.

참조판례

-대법원 2005. 5. 13. 선고 2004다1899 판결

-대법원 2015. 5. 29. 선고 2013므2441 판결

유사 판례

-서울동부지방법원 2019.02.15 2018가단122688

-서울동부지방법원 2019.05.24 2018가단136120

-서울동부지방법원 2019.04.05 2018가단118016

-서울북부지방법원 2019.05.23 2018가단127894

-광주지방법원 순천지원 2018.12.05 2018가단72908