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(영문) 대구지방법원김천지원 2019.06.12 2018가단35406

손해배상(기)

Text

1. The defendant,

A. The Plaintiff A’s KRW 21,00,000 as well as 5% per annum from November 28, 2018 to June 12, 2019.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2, and 2-1, 2, 4, 5-1, 2, 6, 3, and 3 of evidence Nos. 1, 1, 2, and 5-1, 5-2, 6, and 3.

Plaintiff

A is married with Plaintiff B on November 30, 2007 and has two children.

B. From April 2016, the Defendant, despite being aware of the existence of the Plaintiff B’s spouse, maintained an inappropriate relationship with the Plaintiff, including the Plaintiff’s sexual intercourse. Around June 25, 2017, the Defendant sent Plaintiff B’s B’s bridge photograph and the Plaintiff’s contact contact details to the Plaintiff B and sent them again to the Plaintiff, and sent them to the Plaintiff’s family members, including the Plaintiff’s family members, for the reason that the Plaintiff B was the Hague. Of the motion pictures taken and kept in a sexual relationship with the Plaintiff B, the Defendant sent the Plaintiff’s bridge to the effect that the Plaintiff would spread the Plaintiff’s bridge to the Plaintiff. From among the motion pictures taken and kept in the Plaintiff’s sexual relationship with the Plaintiff B, the Defendant sent them to the Plaintiff’s 30 mobile phone name, including the Plaintiff’s family members, who were the spouse of the Plaintiff B.

(hereinafter “instant tort”). C.

On January 23, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Daegu District Court (2017dan5282), and the Defendant appealed and appealed, but all of the appeals were dismissed, and the said judgment became final and conclusive on May 24, 2018.

Meanwhile, the Plaintiffs maintain marital relations until the date of the closing of the instant argument.

2. Determination as to Plaintiff A’s claim

A. The act that a third party who has caused the liability for damages causes mental distress to the spouse by infringing on the common life of the married couple falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse.