(영문) 인천지방법원 2017.05.24 2016가단232466

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(영문) 인천지방법원 2017.05.24 2016가단232466

손해배상(기)

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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from July 29, 2016 to May 24, 2017 to the Plaintiff.

Reasons

1. On July 9, 2010, the Plaintiff reported the marriage with Nonparty C on the fact of recognition, and the Defendant, from March 2016 to July 2016, may be recognized by the respective entries and images of the evidence Nos. 1 to 18 (including the number of pages), as well as by the overall purport of oral pleadings, as the fact that the Plaintiff had been aware of the marriage in C and singinging at C, several times from March 2016 to July 2016, and had an inhuman relationship, including physical relationship, such as having met with the Defendant’s home.

2. Determination:

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

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 Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). According to the foregoing facts, the Defendant committed an unlawful act even when C knew of the fact in a marital relationship with the Plaintiff, thereby infringing on or interfering with the Plaintiff’s community life and infringing on the Plaintiff’s spouse’s right as the spouse, and thereby suffering mental distress, the Defendant is liable to compensate the Plaintiff for mental distress.

B. When comprehensively taking into account the scope of liability for damages, the period of marriage and family relationship between the Plaintiff and C, the background leading up to which C and the Defendant met, the period and content of the unlawful act committed by C and the Defendant, and the degree of failure in marriage, etc., the amount of consolation money shall be set at KRW 15,00,000

C. According to the theory of lawsuit, the defendant is a tort against the plaintiff, which is KRW 15,00,000 as damages.

참조판례

-대법원 2015. 5. 29. 선고 2013므2441 판결

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