(영문) 대구지방법원서부지원 2019.02.13 2018가단5205

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(영문) 대구지방법원서부지원 2019.02.13 2018가단5205

손해배상(기)

Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from May 16, 2018 to February 13, 2019.

Reasons

1. Determination as to the cause of claim

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on his/her spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In addition to the purport of arguments as to the evidence Nos. 2, 4, and 1 through 3, the Plaintiff is a legal spouse who completed the marriage report with C on June 9, 2017, and the Defendant became aware of C while employing C as the Defendant’s accounting account by the Defendant on June 9, 2017; the Defendant and C committed an unlawful act from July 2017 to August 20, 2017; and the Plaintiff and C agreed on October 18, 2018.

According to the above facts of recognition, the defendant committed an unlawful act with knowledge that C is a spouse, and it is reasonable to deem that the plaintiff's marital relationship was infringed or obstructed by such an act by the defendant, and therefore, the defendant is obliged to give monetary compensation for mental suffering suffered by the plaintiff by such unlawful act.

3. Furthermore, although the Plaintiff asserted that the Defendant committed an indecent sexual act or indecent act against C, it does not accept this part of the Plaintiff’s assertion, there is no evidence to acknowledge it.

B. As to the amount of consolation money that the Defendant is liable for damages, the amount of consolation money that the Defendant is liable for to compensate to the Plaintiff shall be KRW 20,000,000, comprehensively taking into account all the various circumstances shown in the pleadings of the instant case, such as health class, the content and degree of fraudulent act committed by the Defendant and C, the period, the period of marriage and family relationship of the Plaintiff, and the impact of

C. According to the theory of lawsuit, the defendant is paid consolation money of KRW 20,000,000 to the plaintiff and this.

참조판례

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

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