(영문) 부산지방법원 2020.02.05 2019가합47311

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(영문) 부산지방법원 2020.02.05 2019가합47311

손해배상(기)

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1. The Defendant’s KRW 25,00,000 as well as 5% per annum from August 24, 2019 to February 5, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C, as an oriental medical doctor, was married with the Plaintiff on April 18, 1996, and was married with the Plaintiff, and was a child of 1 South and North Korea. On August 4, 2015, around 04:00, the Defendant died of an acute funeral as his/her direct death.

(hereinafter referred to as “the deceased”). (b)

On July 25, 2012, the Plaintiff left the Malaysia for the education of the children and brought up the children at the Malaysia, and left the Republic of Korea from 2013 to Australia, and brought up all the children at the same time. On September 19, 2015, the deceased died.

C. The Defendant became aware of the Deceased in the dance club prior to the death of ten years before the death of the Deceased, and repeats the Deceased and Hashes with the Deceased and repeats Hashes with the Deceased for five to six years.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 13, and 15, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant committed an unlawful act with the deceased for a long time with knowledge that the deceased was in a marital relationship with the deceased. Furthermore, the Defendant had sexual intercourse with the deceased on the day of the deceased’s death and caused the death of the deceased. Due to the Defendant’s unlawful act, the Plaintiff’s loss of the marital relationship as well as the loss of the marital relationship and caused severe emotional distress and severe emotional distress. Furthermore, the Defendant, after the death of the deceased, acquitted the Plaintiff of the relationship between the deceased and the Defendant.

3) Therefore, the Defendant is liable to pay consolation money to the Plaintiff for damages arising from tort 80 million won. (B) Determination 1) The establishment of liability for damages by a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, by participating in a married couple’s community life.

A third party who commits an unlawful act with either side of the couple, thereby infringing on or impeding the maintenance of a marital life which corresponds to the essence of marriage.

유사 판례

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