logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.01.19 2017가단110646
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from May 26, 2017 to January 19, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on November 6, 2001.

B. From May 2015, the Plaintiff and C became aware of the Defendant, who is a member of the same club. Since August 2016, C entered into an inhumane relationship with the Defendant from around August 2016, and around December 2016, C promised to liquidate such inhumane relationship with the Plaintiff, and maintained the inhumane relationship again until April 2017, even though the Plaintiff promised to liquidate the inhumane relationship.

[Ground of recognition] Facts without dispute, entry and video of evidence A1 to 12, purport of the whole pleadings

2. Determination on the cause of the claim

A. A third party shall not interfere with a married couple’s communal living falling under the essence of the marriage by intervening in a married couple’s communal living of another person and causing a failure of the married couple’s communal living. Thus, a third party’s act of infringing on, or impeding the maintenance of, a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, thereby infringing on the right as the spouse and causing mental distress to the spouse, in principle

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). In light of the aforementioned legal principles, the health care unit and the Defendant committed an unlawful act with C while knowing that C is a spouse, thereby infringing upon the Plaintiff’s community life or interfering with the maintenance thereof, thereby causing serious mental pain to the Plaintiff. Therefore, the Defendant’s above act constitutes tort.

Therefore, the defendant shall be liable for the mental damage suffered by the plaintiff.

B. As to the amount of consolation money that the Defendant is liable for, the content, degree and period of the Defendant’s and C’s wrongful act, the marriage period between the Plaintiff and C, and the Defendant’s wrongful act were the Plaintiff’s marital life and the Plaintiff.

arrow