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(영문) 서울동부지방법원 2018.04.27 2017가단131449
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from September 12, 2017 to April 27, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 10, 201, the Plaintiff is a legally married couple who reported marriage with C on October 10, 201, and has one child under the chain.

B. The Defendant, who had worked in the same workplace as C, had been employed in the workplace since March 2017, had been on night duty, meeting ceremony, weekend duty, etc.

원고는 2017년 3월경 C의 휴대전화에서 피고에게 ‘오빤 널 사랑해’라고 보낸 메시지를 발견하였고, C은 피고에게 원고가 위 메시지를 보게 되었다는 사실을 알렸다.

C. However, the Defendant and C maintained an improper relationship for several months, even thereafter, by doing an inappropriate sexual act in the Defendant’s officetel.

On August 29, 2017, the Plaintiff sought the Defendant, who followed the inappropriate relationship with C from May 2017, and agreed not to meet or contact with C as soon as possible.

“Preparation and delivery of a letter of statement” has been made and received.

Around September 30, 2017, the defendant retired from the above workplace.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9 (including branch numbers in case of additional number), Gap evidence 12-1 to 4, Eul evidence 1-1, and the purport of the whole pleadings

2. The act of a third party making a judgment on the cause of a claim by committing an unlawful act with either side of the married couple to infringe on or interfere with a common life of the married couple falling under the essence of the marriage and to inflict mental pain on the spouse by infringing on his/her rights as the spouse, constitutes a tort in principle;

(See Supreme Court Decision 201Meu2997 Decided November 20, 2014). According to the above facts, the Defendant, despite being aware that C is a spouse, has maintained an illegal relationship with C for several months, so it is clear in light of the empirical rule that the Defendant’s aforementioned misconduct constitutes a tort against the Plaintiff, and thereby, the Plaintiff suffered a serious mental suffering. Therefore, the Defendant suffers from the mental suffering of the Plaintiff in money.

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