(영문) 인천지방법원 2018.10.17 2018가단200586

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(영문) 인천지방법원 2018.10.17 2018가단200586

손해배상(기)

Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 12, 2018 to October 17, 2018.

Reasons

1. Facts of recognition;

A. On March 14, 1989, the Plaintiff is a legally married couple who completed the marriage report with C on March 14, 1989, and has two children (the birth in 1989 and the birth in 192).

B. Around March 2017, even though the Defendant became aware of the existence of a spouse to C, it maintained the relationship between C and C, while making a trip or locked, and giving and taking text messages, which would have been given and received between the year and year, at any time.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 9 (the evidence with a serial number includes a serial number) and the purport of the whole pleading

2. Assertion and determination

A. 1) 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 a spouse’s right as a spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes a tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above acknowledged facts, it is reasonable to deem that the Defendant knowingly committed an unlawful act with knowledge that the spouse is a spouse, and that the Plaintiff’s marital relationship was infringed or interfered with the maintenance thereof by the Defendant’s act, and therefore, the Defendant is liable to compensate for mental suffering suffered by the Plaintiff by a tort.

(B) The defendant asserts that his responsibility should be reduced or exempted because he had already been married to the plaintiff and C before his delivery. However, there is no evidence to support this. The defendant's assertion cannot be accepted).

In full view of all the circumstances revealed in the arguments of this case, including the content and degree of the unlawful act of the defendant and C, the period, the marriage period and family relationship of the plaintiff and C, and the influence of the defendant's improper act on the plaintiff's marital life, the consolation money that the defendant is liable to compensate for to the plaintiff shall be 12 million won

참조판례

-대법원 2015. 5. 29. 선고 2013므2441 판결

유사 판례

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