(영문) 창원지방법원 2019.05.02 2018나61045

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(영문) 창원지방법원 2019.05.02 2018나61045

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on March 4, 1985.

B. Around May 2016, the Defendant came to know with C while running a group tourism. From around that time, C had been married with his/her spouse and had been living together with C who was aware of his/her spouse, and committed an unlawful act for a considerable period of time.

C. On June 30, 2016, C filed a divorce lawsuit against the Plaintiff at the Changwon District Court through the Changwon District Court. However, on September 15, 2017, the said court rendered a judgment dismissing C’s claim on the ground that C’s claim for divorce constitutes a claim of the responsible spouse on the ground that C committed an unlawful act with the Defendant, etc.

(Reasons for Recognition) / [Ground for Recognition] / [In the absence of dispute, Gap 1, 2, 6, and 7 evidence (including each number; hereinafter the same shall apply], each of the entries, images, and the purport of the whole pleadings, all of the arguments.

2. Determination

A. According to the above fact of recognition that the defendant committed an unlawful act, such as living together with C, even though he/she is aware of the existence of a spouse of C, and thereby infringing the marital life of the plaintiff and C and hindering their maintenance.

As such, the defendant has a duty to compensate for mental damage suffered by the plaintiff.

B. As to the scope of liability for damages and the amount of damages caused by the act of the Defendant and C, the marital relationship between the Plaintiff and C was reached to the extent that it is impossible to recover. However, it seems that the marital relationship between the Plaintiff and C was not reached to the extent that the said marital relationship had not been reached. At present, it seems that the Defendant and C were not only the Defendant, the marriage period and family relationship between the Plaintiff and C, the background leading up to the Defendant and C to their fraudulent act, the circumstances after the occurrence of the fraudulent act, and the continuance period of the fraudulent act, etc., it is reasonable to determine the amount of consolation money as KRW 10,000,000.

C. According to the theory of lawsuit, the defendant is against the plaintiff.

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