logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.13 2018가단267398
손해배상(기)
Text

1. The Defendant: 12,00,000 won to the Plaintiff, and 5% per annum from December 25, 2018 to June 13, 2019, and June 14, 2019.

Reasons

1. Occurrence of liability for damages;

A. The plaintiff's assertion is the legal spouse who completed the marriage report with C on November 5, 2002, and the defendant committed an unlawful act with C and inflicted mental pain on the plaintiff, so the defendant is responsible for compensating for mental damage suffered by the plaintiff.

In this regard, the defendant asserts that he only worked as C's employee and did not perform C and illegal acts.

B. The judgment of a third party shall not interfere with a married couple’s community life, which corresponds to the nature of the marriage, such as interfering with a couple’s community life by causing a failure of the married couple’s community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). First of all, there is no dispute between the parties, or according to the evidence Nos. 1 and 2, the Plaintiff is a legal spouse who has reported a marriage with C on November 5, 2002, and the Plaintiff and C have two cares born in 2002 and 205.

Next, as to whether the Defendant and C committed an unlawful act, comprehensively taking account of the following: (a) descriptions of the evidence Nos. 4 through 18, 20, 23, and 26 (including each number; hereinafter the same shall apply) and the overall purport of the pleadings, the Defendant and C’s act of unlawful act may be acknowledged.

(In particular, taking into account the dialogue between the Defendant and C, which can be known in each statement or voice of evidence Nos. 11 and 26, the Defendant’s assertion denying this is difficult to accept).

Therefore, according to the theory of the lawsuit, the defendant committed a fraudulent act even though C is aware of a marital relationship with the plaintiff, thereby infringing upon or hindering the plaintiff's communal living.

arrow