(영문) 수원지방법원성남지원 2016.08.31 2016가단207934

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(영문) 수원지방법원성남지원 2016.08.31 2016가단207934

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 18, 2016 to September 7, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff and the plaintiff

A. The plaintiff and C are legally married couple who reported their marriage on March 26, 2009, and have one child between them.

B. On May 2014, the Defendant began to meet with C and B, and even from May 2014, the Defendant was living together with the Defendant’s house.

C. The Plaintiff was aware of the fact that C is teaching with the Defendant, and subsequently, the Defendant continued to maintain the relationship with C even after that time.

【Ground of recognition】 The fact that there exists no dispute, Gap’s evidence 1 through 4, Eul’s evidence 6 (including the branch numbers), the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant committed an unlawful act with C, the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C, or interfering with its maintenance, thereby causing mental pain to the Plaintiff. This constitutes tort against the Plaintiff.

Therefore, the defendant is obligated to pay consolation money to the plaintiff due to the above illegal act.

With respect to the amount of consolation money, it is reasonable to determine consolation money as KRW 15,00,000 in consideration of various circumstances shown in the arguments, as follows: (a) the extent and period of the act of the Defendant and C committed by the said evidence; (b) the marriage period and family relationship between the Plaintiff and C; (c) the effect of the Defendant’s wrongful act on the Plaintiff’s marital relationship; and (d) the Defendant continued to maintain C and C continuously even after the occurrence of

Therefore, the defendant shall pay consolation money to the plaintiff KRW 15,00,000 and this shall apply to the plaintiff.

참조판례

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

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