(영문) 서울중앙지방법원 2020.09.11 2020가단5046772

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(영문) 서울중앙지방법원 2020.09.11 2020가단5046772

손해배상(기)

Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from February 28, 2020 to September 11, 2020.

Reasons

1. Facts of recognition;

A. On August 18, 2014, the Plaintiff has one child under the chain of law as a husband and wife who completed a marriage report with C on August 18, 2014.

B. From June 2019 to July 2019, the Defendant continued to maintain the relationship between C and May 2020 at a meeting of friendships from around 2019 to around 200.

The defendant continued with C to travel along with C, which led to the travel, and also led to sexual intercourse.

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community 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 201Meu2997 Decided November 20, 2014, etc.). According to the facts found earlier, the Defendant committed unlawful acts with C, thereby infringing on the Plaintiff’s communal life or interfering with the maintenance of the Plaintiff’s spouse’s rights, and thereby infringing on the Plaintiff’s spouse’s right. Therefore, the Defendant is obliged to compensate for mental damages suffered by the Plaintiff.

B. Furthermore, the scope of the liability for damages and the amount of consolation money that the Defendant is liable shall be determined as KRW 20,000,000, comprehensively taking into account all the circumstances shown in the pleadings of the instant case, including the following: (a) health care provider; (b) the background leading up to the Defendant’s delivery of C; (c) the pattern and duration of unlawful act; (d) the marriage period and family relationship between the Plaintiff and C; and (e) the impact of

C. According to the theory of lawsuit, the Defendant committed a tort against the Plaintiff.

참조판례

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

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