logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.09.18 2018가단144824
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from January 12, 2019 to September 18, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 24, 2001, the Plaintiff and C have two children as a legally married couple who completed a marriage report.

B. The Defendant, as an employee of the broadcasting station’s subsidiaries C, was aware of the fact that C had been dispatched as the Defendant’s working place, and the Defendant, despite being aware of the fact that C was a father-Nam, maintained an unlawful relationship with C, including the passage of fishing travel from November 2017 to December 2018, with the knowledge of the fact that C was a father-Nam.

[Ground of recognition] Unsatisfy, Party A’s images and the purport of the whole pleadings, as a whole, of evidence Nos. 3 through 5

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married life falling under the nature of marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act 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 the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the defendant committed an illegal act even though he/she is a spouse of C. Since the defendant's act is deemed to infringe on the plaintiff's marital relationship or interfere with the maintenance thereof, the defendant has a duty to give monetary compensation for mental suffering suffered by the plaintiff.

B. Various circumstances shown in the arguments of this case, such as the content, degree, and duration of the unlawful act between the Defendant and C, and the Plaintiff’s family members, even after becoming aware of such unlawful act, and the mental impulse between the Plaintiff and the Plaintiff’s children, the Defendant’s attitude, the marriage period between the Plaintiff and C, and the Defendant’s improper act, were affected by the Plaintiff’s marital life.

arrow