(영문) 서울북부지방법원 2017.11.16 2017가단108414

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울북부지방법원 2017.11.16 2017가단108414

손해배상(기)

Text

1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from April 5, 2017 to November 16, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed a marriage report with C on December 31, 1992, and two children who have attained majority among them. The Defendant is a person who served as a assistant nurse of the internal clinic operated by C from March 201 to December 2016 as a doctor.

B. With knowledge that C is a marriage between the Plaintiff and the Plaintiff, the Defendant: (a) made several trips of travels from May 17, 2013 to May 19, 2013; (b) made a travel in Korea using weekends over several times from May 2014 to May 2015; and (c) made a sexual relationship with C during several years from the end of December 2016, such as entering into a sexual relationship with the mother, etc. located in Seongbuk-gu Seoul Metropolitan Government D.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 4, 6 through 9, 12, 14 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the occurrence of liability for damages, the defendant establishes a sexual relationship with C with the knowledge that C was in a marital relationship with the plaintiff, and committed an unlawful act with C by going to travel along with C, thereby infringing upon the plaintiff's spouse's right as the spouse of C by hindering the plaintiff's common life or maintaining the marital life, and it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering due to the defendant's tort. Thus, the defendant is obliged to pay compensation for mental harm suffered by the plaintiff in money.

B. As seen earlier within the scope of liability for damages, in light of all the circumstances shown in the pleadings of the instant case, such as the details, developments and degree of the Defendant’s tort, the period and state of marriage between the Plaintiff and C, the period and degree of such unlawful act, the influence of the Plaintiff and C’s state of marriage, and the Defendant’s attitude after the occurrence of such unlawful act, it is reasonable to determine the amount of consolation money that the Defendant is liable to compensate the Plaintiff as KRW 30

Therefore, it is necessary.

유사 판례

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