logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.14 2016가단130551
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 14, 2016 to November 14, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal couple who completed the marriage report with C on March 27, 1998.

B. The Defendant knew that C had a spouse, and took part in the school with C several times from around 2008 to around 2016, with awareness that C had a spouse.

C. On December 8, 2016, the Defendant issued to the Plaintiff a letter of view that the Plaintiff had an inappropriate relationship including sexual intercourse from C and C from around 2008, and that it would not be contacted or contacted in the future.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant, even though being aware that C is a spouse, committed a tort that infringes upon C’s right as a married couple’s community life and spouse, thereby committing a tort against the Plaintiff. This is obvious in light of the empirical rule that the Plaintiff was suffering from considerable mental pain. As such, the Defendant is obliged to pay the Plaintiff the emotional distress suffered by the Plaintiff due to the said tort in money.

Furthermore, with regard to the amount of consolation money, it is reasonable to determine the amount of consolation money as KRW 25,00,000 in consideration of various circumstances shown in the pleadings, such as health team, the period of marital life of the Plaintiff and C, the period and degree of unlawful conduct committed by the Defendant and C, and the degree of the unlawful conduct committed by the Defendant and C to the Plaintiff.

3. If so, the defendant serves as consolation money of KRW 25,00,000 as well as a copy of the complaint of this case as the plaintiff seeks.

arrow