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(영문) 대전지방법원 2016.10.28 2015가단228079
손해배상(기)
Text

1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and 5% per annum from December 25, 2015 to October 28, 2016, and the following.

Reasons

1.In fact, each of the facts under its recognition may be found either in dispute between the parties or in each of the entries or images set forth in Gap evidence 1 to 9 (including paper numbers), by integrating the purpose of the entire pleadings.

Plaintiff and C are legally married couple who completed the marriage report on July 11, 2008, and both Plaintiff and C have seven years of age and four years of age respectively.

B. Around 2014, the Defendant was friendly with C at a middle school creative group at the middle school alumni group. After that time, the Defendant was given contact with C via telephone calls, carcarotos, etc., and maintained a friendly relationship, such as the Defendant’s children, and C’s children.

C. From May 2015, the Defendant had 2 to 3 times sexual intercourses in Daejeon-gu, Seo-gu, Daejeon-gu, Maurel or Seo-gu, Daejeon-gu, Daejeon-gu, F 501.

The plaintiff maintains a legal marital relationship with C until now.

2. Occurrence of liability for damages;

(a) A third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;

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 Decision 2013Meu2441 Decided May 29, 2015). B.

According to the above facts of recognition, the defendant continued fraudulent acts, such as sexual intercourse with C, even though he/she is aware that he/she is a spouse of C, and the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfered with the maintenance thereof. Thus, the defendant is obliged to compensate for mental damage suffered by the plaintiff.

3. As to the amount of consolation money that the Defendant is liable to compensate, the content and circumstance of the Defendant’s and C’s wrongful act.

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