(영문) 서울중앙지방법원 2020.01.16 2018가단5199338

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Reasons

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(영문) 서울중앙지방법원 2020.01.16 2018가단5199338

손해배상(기)

Text

1. The Defendant’s KRW 16,00,000 as well as the annual rate of KRW 5% from October 31, 2018 to January 16, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 2016, the Plaintiff and C are legally married couple who had married and lived together without filing a marriage report on June 29, 2018.

B. From November 2015, the Defendant brought about C and Embrisomes.

The defendant was aware that there was a female-friendly Gu from C around the first day to C.

The Defendant received notification from C that he would be married to another person (Plaintiff) prior to the marriage ceremony, and even after being aware that C had a spouse, the Defendant had been pregnant from December 2016 to March 2017. Around June 2017, after being aware that C had a spouse, the Defendant maintained a dual relationship, such as a gird with C and girs in the United States, and a gird with C’s branch travel in Singapore around February 2018.

The defendant was born, and the gender relationship with C seems to be terminated before June 2018, when the marriage report between the plaintiff and C was filed.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 4-1, Eul evidence 1, Eul evidence 1, 2, and 3, Gap evidence 3, the video and the purport of whole pleadings

2. Determination

A. According to the above facts, the defendant committed an unlawful act with C, and thereby infringing upon the plaintiff's and C's right as his spouse, and thus, the defendant is liable to pay the plaintiff mental damage in cash. 2) Considering the various circumstances indicated in the arguments, such as the period of de facto marriage with the plaintiff C, the content and degree of unlawful act, the influence of the unlawful act on the de facto marital relationship, and the defendant's attitude after the occurrence of unlawful act, it is reasonable to determine the amount of consolation money to be paid to the plaintiff by the defendant to be paid to the plaintiff.

B. As to the defendant's assertion, the defendant should have caused the result to the extent that the marital life of the plaintiff and C reached the failure in order to establish a tort by the defendant.

유사 판례

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