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(영문) 청주지방법원충주지원 2020.06.18 2020가단20459
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from March 14, 2020 to June 18, 2020.

Reasons

1. The Plaintiff has been married to C on July 23, 2013 and maintained a matrimonial relationship until now, and has a minor child in 2014.

The defendant began with C since 2018, knowing that C is the plaintiff's spouse.

On September 2019, the Plaintiff became aware of the fact that the Defendant and C were to teach, and around that time, demanded the Defendant to associate with C. However, the Defendant and C continued to commit unlawful acts including sexual intercourses even thereafter.

[Grounds for recognition] Unsatisfy, Gap 1-9, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. In principle, a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse, thereby infringing on or impeding a couple's communal life falling under the essence of marriage and infringing on the spouse's right as the spouse.

At this time, the term "unlawful act" is a broad concept including the adultery and includes any unlawful act which does not reach the adultery but does not fulfill the duty of mutual assistance of the couple.

According to the facts of recognition, the defendant committed an unlawful act with knowledge of the fact that C is in a marital relationship with the plaintiff, thereby infringing on or hindering the marital life of the plaintiff and C, and infringing on the plaintiff's spouse's right as his spouse, thereby suffering mental pain on the plaintiff.

Therefore, the defendant is liable for compensating for mental damage suffered by the plaintiff.

B. Scope of liability for damages: The period of marriage, degree of fraudulent act, relationship between C and the defendant, and the defendant and C seems to be continuously restricted for a long time; the defendant's fraudulent act is influenced by the marital life of the plaintiff and C; circumstances after the fraudulent act is known; and the plaintiff has continued to commit a fraudulent act even after he requested the plaintiff to know of the fraudulent act committed by the defendant and C.

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