(영문) 대전지방법원 2021.03.25 2020가단117203

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2021.03.25 2020가단117203

손해배상(기)

Text

1. The defendant is 5% per annum from August 1, 2020 to March 4, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 19, 1983, the Plaintiff reported the marriage with C.

B. On January 21, 2019, the Defendant maintained the relationship of sexual intercourse by having sexual intercourses with C more than ten times.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Establishment of liability for damages;

(a) A third party shall not interfere with a married couple’s community life falling under the essence of marriage, such as interfering with a couple’s community life by causing the failure of a couple’s community life, etc.;

In principle, a third party’s act of infringing on or impeding the maintenance of common life of the married couple 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 mental pain to the spouse constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 2014). The fact that the Defendant committed an unlawful act with C having a spouse under law is identical as seen earlier. Therefore, barring any special circumstance, the Defendant is obliged to pay the Plaintiff, who is the spouse, under the law of C, a monetary suffering suffered by the Plaintiff due to an unlawful act with C, which is a tort.

3. The scope of liability for damages and the amount of consolation money that the Defendant is liable to compensate is determined as KRW 20,000,000, in full view of all the circumstances shown in the pleadings of the instant case, including the health team, the content and degree of the unlawful act committed by the Defendant and C, the period, the marriage period and family relationship between the Plaintiff and C, the impact of the Defendant’s unlawful act on the Plaintiff’s common life of the married couple, the Plaintiff and the Defendant’s attitude after the commission of the unlawful act.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by tort of KRW 20,000,00 and as requested by the plaintiff, the defendant is liable to compensate for damages caused by the tort of June 20, 2020, the day after the sending day of the complaint of this case.

참조판례

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

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