(영문) 인천지방법원 2019.02.15 2018가단267237

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Reasons

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(영문) 인천지방법원 2019.02.15 2018가단267237

손해배상(기)

Text

1. The Defendant’s KRW 12,00,000 as well as the annual rate of KRW 5% from December 14, 2018 to February 15, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 12, 2016, the Plaintiff and C married on April 12, 2016, and under the chain, one parent-child and one parent-child in 2016.

B. Around July 2017, the Defendant committed an unlawful act, such as giving and receiving text messages containing pet language and sexual intercourse, knowing that C was his/her spouse, from February 2018 to November 2018, the Defendant committed an unlawful act, such as having been aware of the existence of his/her spouse, with the knowledge of his/her spouse from February 2018 to around November 2018.

(hereinafter “instant wrongful act”). C.

Both Defendant and C recognize the fact that the instant misconduct was committed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 9, 10, Gap evidence No. 4-1 through 17, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The judgment of the third party shall not interfere with the marital life falling under the essence of the marriage by interfering with the marital life of the other party by causing a failure of the marital life, etc. The act of the third party to infringe on or interfere with the marital life falling under the essence of the marriage and to inflict mental pain on the spouse by infringing on the rights of the other party as the spouse by engaging in the marital life of the other party.

As long as the Defendant, even though being aware that C is a spouse, committed the instant wrongful act, thereby infringing on the Plaintiff’s common life or interfering with the maintenance thereof, thereby causing the failure of the Plaintiff’s matrimonial relationship, the Defendant is liable to compensate for severe mental suffering suffered by the Plaintiff in money.

Considering all the circumstances revealed in the arguments in this case, such as the marriage period and family relationship between the Plaintiff and C, the details and period of the instant misconduct, the influence of the unlawful act on the marital life of the Plaintiff and C, and the circumstances after the occurrence of unlawful act, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 12 million.

유사 판례

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