logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.16 2017가단5149176
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from August 18, 2017 to May 16, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C have a minor child of one male and female under the chain of law, which has completed the marriage report on February 10, 2001.

B. The Defendant, despite being aware of the fact that C was working in the same workplace, commenced wrongful acts, such as having a sexual intercourse with C from December 201, 201.

C. Although the Defendant was going to study in the United States around December 2012, the Defendant continued to contact with C even in the United States, and C sent a business trip to the United States to the United States, and followed a deep relationship, such as sending time to the United States along with sexual intercourse and photographing video images.

On October 30, 2015, the Plaintiff discovered that the Defendant and C have continuously exchanged contact and began to be separated from C.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 22, images, purport of whole pleadings]

2. Determination

A. 1) In principle, a third party’s act of infringing on or interfering with a married couple’s communal 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 infringing on the spouse’s right, constitutes tort. 2) According to the above acknowledged facts, it is clear in light of the empirical rule that the defendant committed an unlawful act, such as having a long-term sexual relation, even though he knows that the spouse has a spouse, thereby infringing on or hindering the spouse’s communal life of the Plaintiff and C, and that the plaintiff suffered considerable mental suffering, and thus, the defendant is obliged to pay consolation money for mental suffering suffered by the Plaintiff.

3. The Defendant’s argument regarding the Defendant is that the marital relationship between the Plaintiff and C has already been broken down, or at least, the Defendant was aware that the marital relationship between the Plaintiff and C has already been broken down until July 2017, and thus, the Defendant has the intention to infringe on the marital community and the maintenance thereof or intentionally.

arrow