(영문) 의정부지방법원고양지원 2020.01.30 2019가단79233

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2020.01.30 2019가단79233

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from June 13, 2019 to January 30, 2020, and the following.

Reasons

1. Basic facts

A. On August 11, 2009, the Plaintiff has two children under the chain of law with the non-party C, who completed the marriage report with the non-party C.

C as a psychiatrist, became aware of the defendant who has received treatment around January 2017 as a psychiatrist.

B. The Defendant informed C of the legal spouse’s existence, and committed an unlawful act continuously, such as having sexual intercourses with C from March 15, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 5 (including additional number), the purport of whole pleadings

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a marital life which corresponds to the nature of marriage, such as where he/she intervenes in a marital life of another person and causes a failure of a marital life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, it shall be deemed that the Defendant’s act infringed upon the Plaintiff’s community life or interfered with the maintenance thereof. Thus, the Defendant has a duty to pay back the Plaintiff’s emotional distress with money.

B. As to the amount of consolation money that the Defendant is liable to compensate, the amount of consolation money that the Defendant is liable to compensate to the Plaintiff shall be KRW 20,000,00, in full view of all the circumstances shown in the pleadings of the instant case, including health group, the content and degree of the Defendant’s unlawful act, the period, the marriage period between the Plaintiff and C, and the Defendant’s unlawful act, etc.

C. Accordingly, the defendant shall pay consolation money to the plaintiff as compensation for damages caused by tort.

참조판례

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

유사 판례

-의정부지방법원고양지원 2020.01.30 2019가단79233

-서울중앙지방법원 2020.01.31 2019가단5110141

-서울동부지방법원 2019.05.23 2018가단142750

-서울동부지방법원 2020.01.16 2019가단131610