logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2017.04.25 2016가단37708
손해배상(이혼)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate of 5% from July 22, 2016 to April 25, 2017, and the following.

Reasons

Plaintiff’s assertion

The summary of the judgment is that the defendant committed unlawful acts, such as having a sexual relationship with C while living together with C, even though he is aware that the plaintiff's husband is a spouse.

The defendant's act constitutes a tort.

Therefore, the defendant is obligated to pay consolation money of KRW 30,000,000 and delay damages for mental suffering suffered by the plaintiff.

Judgment

(a) A third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc. (see, e.g., Supreme Court en banc Decision 201Meu297, Nov. 20,

The following facts may be acknowledged according to the overall purport of Gap's 1 to 7 and 10 evidence (including branch numbers) and the whole pleadings.

1) On November 7, 1997, the Plaintiff married with C, and had two children (198, 2001 children) among them. 2) C prepared a confirmation document to the effect that the Defendant who worked in the same workplace as the Plaintiff maintained internal relations between September 2014 and July 2016, and that he had lived several months during that period.

3 Around January 13, 2016, the Defendant sent text messages to the Plaintiff, stating that “I live together with C, I am going back to the two minutes, and cannot be hedging with C, and the Defendant and C are love with each other.”

C. According to the above facts, the defendant has a sexual relationship with C while living together with C, knowing that C has a spouse.

arrow