logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.18 2020가단524398
손해배상(기)
Text

1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from June 6, 2020 to November 18, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 25, 2003, the Plaintiff is a legal spouse who completed a marriage report with C on November 25, 2003, and two children were three children.

B. Since May 2019, the Defendant committed an unlawful act, such as maintaining a diplomatic relationship with C and having multiple sexual intercourses.

[Evidence: Evidence Nos. 1 through 5, facts without dispute, whole purport of pleading]

2. Determination

(a) A third party shall not interfere with a marital life which corresponds to the nature of the 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.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). B.

According to the above facts of recognition, the defendant committed an unlawful act with C, thereby obstructing the maintenance of the plaintiff's community life by infringing upon the plaintiff's spouse's right as his spouse, and thereby causing mental suffering to the plaintiff.

Therefore, the defendant is obligated to pay consolation money to the plaintiff as compensation for tort.

C. Meanwhile, the consolation money shall be 15,000,000 won in consideration of all the circumstances shown in the arguments in the instant case, such as the marriage period of the Plaintiff and C, the background leading up to the Defendant’s unlawful act, the content and duration of unlawful act, and the degree of suffering of the Plaintiff.

3. Thus, the defendant is calculated by the ratio of 5% per annum as stipulated in the Civil Act from June 6, 2020 to November 18, 2020, which is the date following the delivery of a copy of the complaint of this case to the plaintiff, to 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

arrow