(영문) 서울중앙지방법원 2019.06.14 2018가단5154502

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(영문) 서울중앙지방법원 2019.06.14 2018가단5154502

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from June 1, 2018 to June 14, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on August 16, 2013.

The plaintiff and C have one child under one name.

B. The Defendant was dispatched to the company working for C and became aware of C, and was in a subordinate position of C.

The Defendant, despite being aware that C is one of his/her spouse, began to have a sexual intercourse from October 24, 2017 to May 2018, and entered into an inhumanity relationship by continuing the sexual intercourse over several occasions.

C. Around October 24, 2017, the Defendant: (a) had sexual intercourse with the Defendant, who was in an uncompeting condition while drunk; (b) had sexual intercourse with the Defendant under the influence of alcohol on several occasions after coercioning the Defendant; (c) had sexual intercourse with the Defendant under the influence of alcohol on several occasions; and (d) had sexual intercourse with the Defendant without giving notice that C may be infected with the said virus due to sexual intercourse with the Defendant, without taking appropriate measures, such as using the instant virus, and then filed a complaint against C on suspicion of the crime, such as having the said virus infected with the said virus, which is impossible to completely recover due to the infection of the said virus; (b) however, the Seoul Western District Prosecutors’ Office rendered a disposition on December 26, 2018 without suspicion (Evidence of evidence).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, 6 (including branch numbers), Eul evidence 3 and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant committed an unlawful act with C and C, which are the plaintiff's spouse, and infringed the plaintiff's common life with C and C. Accordingly, the plaintiff suffered mental suffering, and the defendant is liable to pay consolation money of KRW 30,010,000 and delay damages to the plaintiff as compensation for damages caused by such unlawful act.

B. The judgment of the third party also interferes with the marital life of the other party and brings about the failure of the marital life.

유사 판례

-서울중앙지방법원 2019.07.12 2017가단5202817

-인천지방법원 2017.05.16 2016구단50515

-서울행정법원 2015.11.05 2014구단59118

-서울중앙지방법원 2008.9.30.선고 2008가합28798 판결

-서울중앙지방법원 2018.08.14 2017고단6412