(영문) 창원지방법원 2018.10.10 2018가단103573

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(영문) 창원지방법원 2018.10.10 2018가단103573

손해배상(기)

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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 21, 2018 to October 10, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report on September 30, 2013.

B. The Defendant committed unlawful acts, such as her marriage, while having been aware that C had a spouse by marriage.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of whole pleadings

2. Determination on the cause of the claim

(a) An act of a third party which causes mental pain to the spouse by infringing on a marital life falling under the essence of marriage or interfering with its maintenance, and infringing on the spouse's right as the spouse, shall constitute a tort;

As seen earlier, the Defendant’s act with C’s infinite relation constitutes a tort against the Plaintiff, and thus, the Defendant has a duty to avoid mental suffering suffered by the Plaintiff.

B. As to this, the Defendant asserted to the effect that the marital life of the Plaintiff and C, before and after the commission of the act with the Plaintiff, has already been caused by the failure, and thus, there is no evidence to acknowledge it. However, the Defendant’s assertion is not accepted. Rather, the Defendant, on September 10, 2018, stated that the Defendant, “in itself, he did not have to proceed well with the Plaintiff without divorce,” and that the Defendant, around December 2017, stated that the marriage life of the Plaintiff and C, even before and after the commission of the act with the Defendant, did not constitute a complete failure, at least to the extent that the marital life of the Plaintiff and C had not been caused by the failure.

In filing an application for resumption of argument as of October 5, 2018, the Defendant sought additional arguments and evidence against the Plaintiff on the ground that C filed a divorce lawsuit against the Plaintiff by the Changwon District Court 2018ddan1156, and that the marital life of the Plaintiff and C had already been broken down.

However, in the above case No. 2018dern 11156, the Plaintiff is also subject to the complaint submitted by C.

유사 판례

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