(영문) 서울중앙지방법원 2020.09.17 2020가단5004716

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(영문) 서울중앙지방법원 2020.09.17 2020가단5004716

손해배상(기)

Text

The defendant shall pay 25,00,000 won to the plaintiff and 12% per annum from January 24, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and Nonparty C (hereinafter “Nonindicted Party C”) are married couple who completed the marriage report on February 8, 2011, and have two children under the chain.

B. Around March 2016, the Nonparty: (a) went to each other on the ground that the Defendant was singing the Defendant in a singing room; and (b) the Defendant continued to engage in unlawful conduct by means of having sexual intercourse between the Nonparty and the her mother, and between January 202 and January 20, 202 with the knowledge that the Nonparty was his father-Nam.

C. On November 2019, the Plaintiff became aware of the Nonparty’s wrongful act with the Defendant, and the Defendant continued to engage in such unlawful act without cutting down the relationship with the Nonparty even after hearing such fact from the Nonparty.

[Ground of recognition] Nos. 1 through 28 (including virtual number), the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse, thereby infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort in principle;

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005). According to the above facts of recognition, the Defendant’s continued to commit unlawful acts, such as continuing sexual intercourse with the Nonparty, even though he/she was aware that he/she was married with his/her spouse, constitutes a tort.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above illegal act.

Therefore, regarding the scope of compensation for damages, the circumstance that the defendant associates with the non-party, the period of marriage with the plaintiff and the non-party, the period and degree of the defendant's wrongful act, the plaintiff's age and family relationship, and the marriage relationship between the plaintiff and the non-party cannot be seen as having been destroyed to the extent that it can not be recovered, and all other arguments

참조판례

-대법원 2005. 5. 13. 선고 2004다1899 판결

유사 판례

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