(영문) 수원지방법원 2020.10.29 2020가단543252

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(영문) 수원지방법원 2020.10.29 2020가단543252

손해배상(기)

Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from July 29, 2020 to October 29, 2020, and the next day.

Reasons

1. Facts of recognition;

A. On December 31, 2014, the Plaintiff and C have one child (one child in 2018) as a legally married couple who completed a marriage report.

B. In around 2017, the Defendant committed an unlawful act, such as having a sexual intercourse with C, knowing that he/she had a spouse, who was close to C, as he/she became aware of, around 2017, with knowledge of the fact that he/she had a spouse, by exchanging with him/her from around 2018 to June 2020, by frequently exchanging with him/her, communicating with him/her, and making a sexual intercourse.

C. The Defendant continued several times during the foregoing period to keep inappropriate contact and contact with C even though the Plaintiff had been aware of such unlawful act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

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 by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 2014). According to the above acknowledged facts, the Defendant, even though he/she is aware that he/she is a spouse, has committed unlawful act with C, thereby infringing on or interfering with the Plaintiff’s common life with C, and thus, is liable to compensate for emotional distress inflicted on the Plaintiff.

B. In full view of all the circumstances shown in the records and arguments, such as the scope of damages and the marriage period and family relationship between the Plaintiff and C, the content, period, and degree of the unlawful act committed by the Defendant and C, the impact of the Defendant’s improper act on the Plaintiff’s marital life, the circumstances after the occurrence of the unlawful act, and the attitude of the Defendant revealed, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW

C. According to the theory of lawsuit, the defendant is liable to the plaintiff for damages caused by tort.

참조판례

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

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