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(영문) 서울중앙지방법원 2018.06.15 2017가단5144263
손해배상(기)
Text

1. The Defendant: 5% per annum from August 4, 2017 to June 15, 2018 with respect to KRW 10,000,000 and the said money to the Plaintiff.

Reasons

1. Basic facts

A. On April 17, 2012, the Plaintiff completed a marriage report with C on April 17, 2012, and is living with C as one child.

B. From May 2017 to July 2017, the Defendant was aware of the spouse of the workplace C, who was aware that the workplace C had been in charge of “D” after entering the organization called “voluntary field”, which is a non-government organization.

Defendant and C had been aware of her death with her motherel, and committed unlawful acts such as attempting sexual intercourse.

C. The procedure of divorce between the Plaintiff and C is not underway.

[Grounds for recognition] The descriptions of Gap 1 through 7, Eul 1, 5, and 6, and the purport of the whole pleadings

2. The defendant's liability for damages is, in principle, an act of infringing a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing a spouse's right as the spouse by committing an unlawful act with the spouse, thereby constituting a tort (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). According to the above facts of recognition, the defendant is obvious in light of the empirical rule that the defendant suffered considerable mental suffering due to the infringement of the couple's communal life with C, by making an illegal act such as her spouse known as being the spouse and having access to the cartel together, and thereby making the plaintiff suffer considerable mental suffering due to the infringement of the couple's communal life with C. Thus, the defendant is obliged to pay a monetary injury to the plaintiff

Furthermore, with regard to the amount of consolation money, it is reasonable to determine consolation money as KRW 10 million in consideration of the various circumstances shown in the pleadings of the instant case, such as the following: (a) the Plaintiff and C’s marriage period; (b) the teaching period between the Defendant and C; (c) the details of the unlawful act; and (d) the impact of the instant unlawful act

Therefore, from August 4, 2017, the following day after the delivery date of a copy of the complaint to the plaintiff as consolation money, the defendant raises a dispute as to the existence and scope of the obligation of the defendant.

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