(영문) 인천지방법원 2020.02.11 2019가단214094

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.02.11 2019가단214094

손해배상(기)

Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from April 9, 2019 to February 11, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On March 3, 200, the Plaintiff has two children as the legal couple who completed the marriage report with C on March 3, 200, and two children.

B. After having met C at a meeting in around 2017, around 2018, the Defendant known that C had a legal spouse, and began to teach C. From January 2019, the Defendant moved to the officetels leased by C and continued to teach C.

[Reasons for Recognition] Each entry of Evidence Nos. 1-8, 14-17, and the purport of the whole pleadings

2. Determination

(a) A third party shall not interfere with a couple’s communal living which corresponds to the essence of a marriage, such as causing a failure of a couple’s communal living, by intervening in a couple’s communal living;

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 Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, it shall be deemed that the Defendant’s act infringed upon the Plaintiff’s community life or interfered with the maintenance thereof. Thus, the Defendant has a duty to pay back the Plaintiff’s emotional distress with money.

The amount of consolation money which the Defendant is liable to compensate for to the Plaintiff shall be determined as KRW 12,00,000, comprehensively taking into account the various circumstances shown in the argument of the instant case, such as the content and degree of the unlawful act of the Defendant and C, the period, the marriage period of the Plaintiff and C, and the impact of the Defendant’

B. Although the defendant asserts that the marital relationship between the plaintiff and C had already been in a state of de facto failure before the defendant and C’s educational relationship, the defendant’s evidence submitted by the defendant alone is insufficient to accept the above argument.

3. Accordingly, the defendant is liable to the plaintiff for consolation money of 12,000,000 won as compensation for tort.

참조판례

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

유사 판례

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