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(영문) 청주지방법원충주지원 2020.05.28 2020가단20169
손해배상(기)
Text

1. The defendant paid KRW 8,00,000 to the plaintiff as well as 5% per annum from February 14, 2020 to May 28, 2020.

Reasons

1. On March 4, 2019, the Plaintiff and C maintained a matrimonial relationship until now with C.

From September 2019, the Defendant began to teach with C.

At the beginning of the teaching system, C makes a false statement to the effect that it was only the Defendant’s marriage with the Plaintiff and did not report the marriage, and that it would immediately be hedging.

From November 2009, the defendant has brought about internal relations including sexual intercourses with C around November 2009, and the defendant was aware that C was a spouse under the law of the plaintiff around November 2019.

[Ground of recognition] Facts without dispute, Gap 1-4, Eul 1-1, 1-2, 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In principle, a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse, thereby infringing on or impeding a couple's communal life falling under the essence of marriage and infringing on the spouse's right as the spouse.

At this time, the term "unlawful act" is a broad concept including the adultery and includes any unlawful act which does not reach the adultery but does not fulfill the duty of mutual assistance of the couple.

According to the facts of recognition, the defendant committed an unlawful act with knowledge of the fact that C is in a marital relationship with the plaintiff, thereby infringing on or hindering the marital life of the plaintiff and C, and infringing on the plaintiff's spouse's right as his spouse, thereby suffering mental pain on the plaintiff.

Therefore, the defendant is liable for compensating for mental damage suffered by the plaintiff.

B. Scope of liability for damages: The period of marriage between the Plaintiff and C, the degree and duration of the Defendant’s misconduct, the impact of the Defendant’s misconduct on the Plaintiff and C’s marital life, the Defendant did not report the marriage, and seems to have started the teaching system in trust with the Plaintiff, and at the time C begins with the Defendant, at the time of commencement of the teaching system with the Defendant.

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