(영문) 인천지방법원 2019.06.14 2019가단212562

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(영문) 인천지방법원 2019.06.14 2019가단212562

손해배상(기)

Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from March 15, 2019 to June 14, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse who completed the marriage report on November 5, 2012 with Nonparty C.

B. C was aware of the Defendant who had worked as the chief of a certified judicial scrivener office in the process of filing a petition for rehabilitation, and had sexual intercourse from May 2015 to July 2017.

C. On November 22, 2018, the Defendant prepared and rendered to the Plaintiff a letter, such as the content that recognizes the act of non-wheeledness with C.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

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, etc.). According to the aforementioned facts, the Defendant is liable to compensate for mental damages suffered by the Plaintiff, inasmuch as C, even though having knowledge of the fact in a marital relationship with the Plaintiff, committed an unlawful act, thereby infringing on or interfering with the Plaintiff’s communal life, infringing on the Plaintiff’s right as the Plaintiff’s spouse, thereby suffering from mental pain.

B. Taking into account the following factors: (a) the scope of liability for damages and the above evidence; and (b) the period of marriage and family relationship between the Plaintiff and the Defendant; (c) the background leading up to becoming aware of C and the Defendant; (d) the period and content of the unlawful act by C and the Defendant; (c) the Defendant’s behavior after the preparation of each letter; and (d) the degree of failure in marriage, etc., the amount of consolation money shall be determined as KRW

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

참조판례

-대법원 2015. 5. 29. 선고 2013므2441 판결

유사 판례

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