(영문) 춘천지방법원강릉지원 2019.02.20 2018가단34861

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(영문) 춘천지방법원강릉지원 2019.02.20 2018가단34861

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from October 13, 2018 to February 20, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legal married couple who completed the marriage report on August 10, 2006, and have children of 11 and 9 years of age between them.

B. The Defendant and C exchanged several contacts from March 2016 to April 2017, and the Defendant was also aware of the divorce with C.

[Ground of recognition] Facts without dispute, Gap 1, 4 through 6 (including virtual numbers), Eul 1, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context refers to not limited to gender relations, but to all acts that are not faithful to the husband’s duty of good faith, and whether such acts are illegal or not shall be evaluated in consideration of the degree and circumstances depending on specific cases.

(see, e.g., Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). According to the above facts and legal principles, the defendant committed an unlawful act with C, even though C was aware that it was a spouse, by communicating C with C for a period of more than one year, and met with C. This constitutes a tort against the plaintiff, and it is obvious in light of the empirical rule that the plaintiff suffered severe mental pain.

The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

B. As to the amount of consolation money within the scope of liability for damages, there are several arguments in the instant case, such as health group, marriage period between the Plaintiff and C, the extent of the Defendant’s wrongful act, the influence of the Defendant’s wrongful act on the Plaintiff’s marital life, and the progress before and after the instant

참조판례

-대법원 1987. 5. 26. 선고 87므5,87므6 판결

-대법원 2015. 5. 29. 선고 2013므2441 판결

유사 판례

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