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(영문) 수원지방법원 2020.09.16 2020가단524497
손해배상(기)
Text

The defendant's KRW 10,00,000 for the plaintiff and 5% per annum from May 8, 2020 to September 16, 2020.

Reasons

1. On May 30, 2014, the Plaintiff married with C, and had one child among them.

Around May 2019, the Defendant became aware of C while working in the same workplace as C, and committed an unlawful act, such as contact with C with C with C, knowing that C had a spouse from July 2019 to February 2020.

[Ground of recognition] Facts without dispute, Gap 1, 2, 15 evidence, purport of the whole pleadings

2. A third party who makes a judgment shall not interfere with a marital community which corresponds to the nature of the marriage, such as interfering with a marital community of another person by causing a failure of the marital community;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the aforementioned basic facts, the Defendant knew that C is a spouse, and committed an unlawful act with C, and it is apparent in light of the empirical rule that the Plaintiff was suffering from considerable mental suffering due to such an act by the Defendant.

Therefore, the defendant has a duty to care for mental suffering suffered by the plaintiff in money.

Furthermore, with respect to the amount of consolation money that the defendant is liable for, the amount shall be determined as KRW 10 million in consideration of various circumstances shown in the pleadings of the instant case, such as health class, the content, degree and period of the misconduct committed by the defendant and C, the marriage period and family relationship of the plaintiff C, and the influence of the defendant's misconduct on the plaintiff's marital life

Therefore, the Defendant’s damages for tort damages amounting to KRW 10 million and the Plaintiff’s mental suffering, upon the Plaintiff’s claim, is the day following the delivery date of a copy of the complaint of this case. The Defendant from May 8, 2020 to the day following the delivery date of a copy of the complaint of this case.

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