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(영문) 서울남부지방법원 2020.08.13 2019가단266502

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from December 27, 2019 to August 13, 2020.

Reasons

1. Basic facts

A. The plaintiff is a legal couple who reported marriage with C on April 14, 2008.

B. Around July 2019, the Defendant entered the same company as C and came to know of each other, and committed unlawful acts, such as monetary and remaining in South Korea, and sexual intercourse, etc., by developing the same as annual relations around July 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, witness C's testimony, purport of whole pleadings

2. Determination

A. 1) A third party’s liability for damages does not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of the couple’s communal living. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple. A third party’s act of infringing or maintaining a couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple’s husband and wife, thereby interfering with the maintenance of a couple’s communal living and his/her rights as his/her spouse, and thereby infringing upon the spouse’s rights as his/her spouse, constitutes a tort in principle (see Supreme Court en banc Decision 201Meu297, Nov. 20, 201). According to the above acknowledged facts, the Defendant is liable to compensate for emotional distress suffered by the Plaintiff as a tort. As such, the Defendant asserted that the marital relationship between C and C had already been filed at the time of the above submission of evidence.

Rather, according to the aforementioned evidence and the overall purport of Gap evidence and evidence Nos. 8 through 12, C appears to be not a camping trip from June 2019 to the plaintiff, and C itself and the defendant around July 2019.