(영문) 서울동부지방법원 2020.11.27 2020가단112363

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(영문) 서울동부지방법원 2020.11.27 2020가단112363

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from April 30, 2019 to November 27, 2020 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who reported their marriage around 1986.

B. The Defendant appears to have been aware of prior to 2019 with C, and was given a dialogue with the content of suggesting that he/she had sexual intercourse with C.

C. Around April 2019, the Defendant, along with C, took up one-day trip with C for one-day Lambling on a door, and, on April 30, 2019, decided that the Plaintiff would not meet C again, but continued to go with C even thereafter.

[Based on recognition] Each entry or video of Gap evidence Nos. 1 through 5, 10 through 17, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above-mentioned facts, the defendant committed an unlawful act with the female even though he/she is the spouse of C. The defendant was aware that he/she is the spouse of C. Since the plaintiff’s marital relationship was infringed or maintained by such an act committed by the defendant, the defendant is obligated to take monetary suffering suffered by the plaintiff.

B. In full view of all the circumstances revealed in the oral proceedings of the instant case, such as health team, the period of marital life of the Plaintiff and C, the background leading up to the Defendant’s fraudulent act with C, the content and degree of the fraudulent act, the influence of the fraudulent act on the Plaintiff’s marital life, the circumstances after the occurrence of the fraudulent act, etc., it is reasonable to determine the amount of consolation money as KRW 15,000,000.

C. According to the theory of lawsuit, the Defendant’s damages amounting to KRW 15,000,000 and the first one.

참조판례

-대법원 2014. 11. 20. 선고 2011므2997 전원합의체 판결

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