(영문) 광주지방법원 2019.07.03 2018가단538218

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(영문) 광주지방법원 2019.07.03 2018가단538218

손해배상(기)

Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 18, 2018 to July 3, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on December 31, 2014, and have one child between the Plaintiff and C.

B. The Defendant became aware of C as a company’s bonus that C had worked.

C. From 2016 to 2016, the Defendant was aware that C was a spouse, and had sexual intercourse with C for two years.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence 1 to 3 (including branch numbers for those with a serial number) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant committed an unlawful act with C and C, which are the plaintiff's spouse, and infringed upon the plaintiff's marital life. Accordingly, the plaintiff suffered mental suffering, and the defendant is liable to pay consolation money of KRW 40,000,000 and delay damages to the plaintiff as compensation for damages caused by such unlawful act.

B. The judgment of a third party shall not interfere with a married couple’s community life falling under the nature of the marriage, such as intervening in a couple’s community life of another person and causing the failure of the married couple’s community 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.

(1) In light of the above facts, the defendant, even though he was aware that he was a spouse of C, committed an act that interferes with the maintenance and maintenance of the marital life of the plaintiff and C by maintaining a sexual intercourse with C from around 2016, while maintaining an inappropriate relationship with C, and caused mental suffering due to the defendant's tort, and thus, the defendant is obligated to pay the plaintiff a reasonable amount of consolation money.

With respect to the amount of consolation money, it shall be the health unit.

참조판례

-대법원 2005. 5. 13. 선고 2004다1899 판결

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