(영문) 서울동부지방법원 2018.04.18 2017가단130477

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(영문) 서울동부지방법원 2018.04.18 2017가단130477

손해배상(기)

Text

1. The Defendant’s KRW 14,00,000 as well as the Plaintiff’s annual rate from August 24, 2017 to April 18, 2018, and the following.

Reasons

1. Basic facts

A. The plaintiff and C are married couple who completed the marriage report on February 8, 2006, and have two children.

B. Around April 11, 2017, the Defendant was employed in the apartment sales office in Gangdong-gu Seoul Metropolitan Government, and became aware of C having worked there, and began with C and committed an unlawful act on June 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, purport of the whole pleadings

2. The plaintiff's assertion that the defendant committed an unlawful act with C and interfered with the plaintiff's common life, and the plaintiff suffered mental loss, so the defendant is liable to pay 30,000,100 won as consolation money and delay damages to the plaintiff.

3. Determination

A. The fact that the defendant, who is the plaintiff's spouse, committed an unlawful act is as seen above. The third party's act of infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the right as the spouse and thereby causing mental pain to the spouse constitutes a tort. Thus, the defendant is obliged to pay the plaintiff mental pain in money.

(2) Although the Defendant asserts that the Plaintiff and C’s marital relationship did not have any intention to cause the failure of the marriage with the Plaintiff, the Defendant’s assertion is without merit, since there is no evidence to acknowledge it.

B. Taking into account the various circumstances indicated in the pleadings of the instant case, such as the scope of damages and the marriage period and family relationship between the Plaintiff and C, the period of the Defendant and C’s wrongful act, and the workplace where the Defendant was attending after becoming aware of the relationship with C, it is reasonable to determine the amount as KRW 14,00,000.

Therefore, the defendant served the plaintiff with consolation money of KRW 14,00,000 as well as the complaint of this case after the date of tort.

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