logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.01 2020가단5084811
손해배상(기)
Text

1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from April 8, 2020 to September 1, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 12, 2014, the Plaintiff and C have two children under the chain as a legally married couple who reported marriage.

B. The Defendant committed an unlawful act, such as committing a sexual intercourse with C from December 2019, with knowledge that C is a person who is married and is a spouse, and committing a sexual intercourse with C several times.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 13 evidence, Eul's 1 through 3 evidence (including Serial number), the purport of the whole pleadings

2. Determination:

A. In principle, a third party's act of infringing on or interfering with a couple's communal 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 mental pain to the spouse constitutes a tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997). “Unlawful act committed by a spouse” under Article 840 Subparag. 1 of the Civil Act is a wider concept including a adultery, and does not reach the common sense, but includes any unlawful act not conforming to the husband’s duty of good faith (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). Whether an act constitutes an unlawful act ought to be evaluated in consideration of the degree and circumstances of each specific

(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013). B.

According to the above facts of recognition, the defendant maintained an inappropriate relationship with C even though C is a spouse, and since such an act of the defendant is deemed to have infringed or interfered with the maintenance of the plaintiff's common life, it is obvious in light of the rule of experience that the plaintiff suffered a considerable amount of mental suffering, the defendant is obliged to do so for mental suffering suffered by the plaintiff. Thus, the defendant is obliged to do so in money.

C. The amount of consolation money that the defendant should pay.

arrow