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(영문) 대구지방법원 2015.12.24 2015나306475
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The plaintiff A and D are legally married couple who completed the marriage report on October 28, 1993, and the plaintiff B (E) are the children of the plaintiff A and D.

B. The Defendant knew that D had a spouse, and even from March 2012 to May 2014, the Defendant had a sexual relationship with D and D regularly with D several times.

C. On March 4, 2015, the Defendant sent to Plaintiff B, and sent the Kakao Stockholm message with the Defendant from March 2012 to May 2014.

Plaintiff

A maintains a matrimonial relationship with D until now.

D A. (A.) The Plaintiff filed a divorce lawsuit against the Plaintiff on January 18, 2015, but the said lawsuit was withdrawn on January 12, 2015). [Grounds for recognition] The fact that there is no dispute, each entry or video (including each serial number; hereinafter the same shall apply), and the purport of the entire pleadings.

2. Plaintiff A’s claim

A. "Unjustifiable conduct by the spouse" defined as a cause for judicial divorce under Article 840 subparagraph 1 of the Civil Code, which determines the cause of action, includes any and all unlawful conduct that is not faithful to the marital duty of good faith of the husband and wife, and the determination of whether it is an unlawful conduct should be evaluated by considering the degree and circumstances of the specific case

(See Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987, etc.). In addition, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on the spouse’s rights thereto, thereby causing mental pain to the spouse constitutes a tort.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In this case, as seen earlier, the Defendant’s act constitutes a tort against Plaintiff A, and it is obvious in light of the empirical rule that Plaintiff A suffered from mental pain. Thus, the Defendant is liable to compensate the Plaintiff A for damages caused by the tort.

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