(영문) 광주지방법원 2021.02.23 2020가단514970

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(영문) 광주지방법원 2021.02.23 2020가단514970

손해배상(기)

Text

1. The defendant's KRW 15,00,000 for the plaintiff and 5% per annum from January 22, 2020 to February 23, 2021.

Reasons

1. Basic facts

A. The Plaintiff is a legally married couple who completed the marriage report with C on June 3, 2010, and has one child under the chain.

B. The Defendant committed an unlawful act against the Plaintiff, such as having C and inappropriate son from October 2018, with the knowledge that C had a marital relationship with the Plaintiff.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 to 38, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. In principle, the act of causing mental distress to the spouse by a third party who committed an unlawful act with the husband and wife, thereby infringing on or interfering with the common life of the husband and wife falling under the essence of marriage and infringing on the spouse's right as the spouse, constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 201). In this case, the term "unlawful act" is a broad concept that includes adultery, and it does not reach the adultery, but does not reach the adultery, but it includes any unlawful act that does not faithful to the husband's duty of good faith. Whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case (see Supreme Court Decision 88Meu7, May 24, 198, etc.). Under this legal principle, the Defendant may recognize that it infringed on and interfere with the common life of the Plaintiff and C by such unlawful act as having the Plaintiff's spouse C, as seen earlier, and the Defendant maintained the common life of the Plaintiff and C.

Therefore, the defendant is obligated to pay the plaintiff mental suffering to the plaintiff in cash due to the violation of his spouse's right as his spouse.

B. As to the amount of consolation money within the scope of liability for damages, the content, circumstance, degree and duration of the fraudulent act between the defendant and C, the marriage and family relationship between the plaintiff and C, and the defendant's fraudulent act, the couple's community life between the plaintiff and C is formed.

참조판례

-대법원 1988. 5. 24. 선고 88므7 판결

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

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