(영문) 부산지방법원동부지원 2016.06.07 2016가단201267

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(영문) 부산지방법원동부지원 2016.06.07 2016가단201267

손해배상(기)

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1. The Defendant’s KRW 5,00,000 and the following day shall be 5% per annum from February 12, 2016 to June 7, 2016 to the Plaintiff.

Reasons

1. The Plaintiff is married with C on January 19, 201, and has been married with C until now, and the Defendant was working for the same workplace as C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including additional numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts that the defendant has a duty to pay 30,000,000 won to the plaintiff as mental compensation for damages caused by the tort, since he interfered with the plaintiff's common life by committing an unlawful act with C, which is the husband of the plaintiff.

B. Determination 1) The third party does not interfere with the marital community falling under the essence of the marriage by intervening in the marital community of another person, causing the failure of the marital community, etc. The third party's act of infringing on or interfering with the marital community falling under the essence of the marriage by causing the third party's unlawful act with one of the married couple and thereby infringing on the spouse's right as the spouse and thereby causing mental distress to the spouse (see Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). 2) According to the above evidence, it is reasonable to deem that the defendant committed an unlawful act with the plaintiff's husband, and thereby, the plaintiff suffered mental distress.

Therefore, the plaintiff has a duty to care for mental suffering suffered by the plaintiff in money.

The amount of consolation money shall be set at KRW 5,00,000, considering the following circumstances shown in the argument of this case.

① The Plaintiff’s marital relationship between the Plaintiff and C due to the Defendant’s wrongful act was somewhat distressed as the instant case, and considerable mental suffering was found to be in light of the empirical rule, but it was difficult to maintain the marriage any longer.

It is difficult for the plaintiff to suffer pain to the extent that it is difficult for the plaintiff to suffer pain.

참조판례

-대법원 2014. 11. 20. 선고 2011므2997 전원합의체 판결

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