(영문) 인천지방법원 2020.10.28 2020가단240532

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(영문) 인천지방법원 2020.10.28 2020가단240532

손해배상(기)

Text

1. The Defendant jointly with C (D) and jointly with the Plaintiff KRW 20,000,00,000, and with respect thereto, from July 25, 2020 to October 28, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff and C have two minor children after completing the marriage report on October 26, 2012.

B. Around September 2019, the Defendant became aware of C at E meetings and developed into a relationship in which C begins with the awareness of the fact that C is a spouse.

C. In the mobile phone of C, the Plaintiff discovered the Kakao Kakao message expressing teaching problems, such as sexual intercourse with the Defendant, and filed the instant lawsuit.

The defendant denied the original fraudulent act with C, but the photograph taken of the above message was submitted as evidence, resulting in the fact of fraudulent act.

[Grounds for Recognition] Unsatisfy, each entry and video of Gap evidence Nos. 1-8 (including each number), the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the foregoing facts, the Defendant knowingly committed an unlawful act with C with knowledge of the fact that C is a spouse, and thereby infringed upon the Plaintiff and C’s community life. As such, the Defendant is obliged to jointly file a judgment with C on mental suffering suffered by the Plaintiff.

The court may not render a judgment on matters not requested by the parties, and the court may not render a judgment on the basis of the facts which the parties did not assert. However, as long as the objective substance of the claim appears to be the same, the court may render a judgment on the legitimate interpretation of the law on the substantive relation alleged as the cause of the claim. Thus, the defendant's responsibility is premised on the fact that the

참조판례

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

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