(영문) 수원지방법원 2020.05.21 2020가단504028

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(영문) 수원지방법원 2020.05.21 2020가단504028

손해배상(기)

Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from February 6, 2020 to May 21, 2020 and from the next day.

Reasons

1. Facts of recognition;

A. On June 10, 2016, the Plaintiff and C have one child (one child in 2018) as a legally married couple who completed a marriage report on June 10, 2016.

B. On September 2019, the Defendant knew of the fact that he/she had a spouse to C, the Defendant committed unlawful acts, such as: (a) having been close to C from around September 2019; and (b) having been in contact with C from time to time; and (c) having been traveling to Chuncheon on October 17, 2019.

C. On November 10, 2019, the Plaintiff, who became aware of the aforementioned wrongful act, was prepared by C with a written statement attesting to the Defendant’s wrongful act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to Gap evidence 8 and the purport of the whole pleadings

2. Determination

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 spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 2014). According to the above acknowledged facts, the Defendant, even though he/she is aware that he/she is a spouse, has committed unlawful act with C, thereby infringing on or interfering with the Plaintiff’s common life with C, and thus, is liable to compensate for emotional distress inflicted on the Plaintiff.

B. In full view of all the circumstances shown in the records and arguments in the instant case, such as the scope of damages and the marriage period and family relationship between the Plaintiff and C, the content, period, and degree of the unlawful act committed by the Defendant and C, the influence of the Defendant’s improper act on the Plaintiff’s marital life, and the circumstances after the occurrence of the unlawful act, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff

C. Accordingly, according to the theory of lawsuit, the defendant is the plaintiff's tort liability of KRW 20,000,000 and the defendant's tort.

참조판례

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

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