(영문) 창원지방법원 2019.11.07 2019가단113218

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(영문) 창원지방법원 2019.11.07 2019가단113218

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 19, 2019 to November 7, 2019.

Reasons

1. Basic facts

A. On March 2, 2012, the Plaintiff reported marriage with C and gave birth to D (the birth in 2015).

B. The Defendant worked in the same workplace as C, and from June 2018, maintained inappropriate relations, such as having sexual intercourses, in the Defendant’s home, etc.

C. The Plaintiff became aware of the relationship between the Defendant and C around May 2019, and thereby, he/she lives separate from C.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 17 (including the provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) In principle, a third party’s act of 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 a spouse by committing an unlawful act with the spouse, thereby causing emotional distress to the spouse constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to the above-mentioned basic facts, the Defendant is recognized as having committed unlawful act with C, thereby infringing on, or interfering with, a couple’s communal life between the Plaintiff and C, and causing emotional distress to the Plaintiff by infringing on the spouse’s right as the spouse.

3. Therefore, the defendant is liable to compensate for the plaintiff's mental loss caused by the illegal act with C.

B. Prior to the scope of the liability for damages, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 15 million, taking into account the following circumstances: (a) the period of marriage between the Plaintiff and C, the duration and degree of the unlawful act committed by the Defendant and C; (b) the influence of the said unlawful act on the Plaintiff’s marital relationship and C’s children; and (c) the Defendant’s family relationship and occupation, etc.

C. According to the theory of lawsuit, the defendant is the plaintiff as the plaintiff's 15 million won and since the date of tort.

참조판례

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

유사 판례

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