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(영문) 대전지방법원천안지원 2019.11.06 2019가단110403

손해배상(기)

Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from August 17, 2019 to November 6, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on February 5, 2016, and have one parent in 2016 under the chain.

B. The Defendant: (a) known that C was a person between C and C and a person who was aware of the fact that C was a spouse at the end of the marriage report, and (b) known that C was a spouse at the end of June 2016 and his/her father, and (c) went to the Defendant’s home over several times from October 2018, and went to the Defendant’s home during several times from the motherel to July 2017; (b) had sexual intercourses over several times from June 2017 to July 2017; and (c) had lived at the Defendant’s home during the period from January 2018 to October 2017.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's evidence Nos. 1 through 8, and the purport of whole pleading

2. The decision-making third party shall not interfere with a married couple's communal living which corresponds to the nature of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). The Defendant committed an unlawful act, such as having met with C or having living together with C from June 2016 to October 2018.

The defendant's above act constitutes a tort which infringes upon the plaintiff's spouse's right as C's wife and causes mental pain to the plaintiff.

Therefore, the defendant has a duty to do with mental pain of the plaintiff in monetary form.

All circumstances revealed in the arguments in this case, such as the period of marital life of the plaintiff and C, the age of his child, the content, degree and period of the defendant's improper act, and the influence of the defendant's improper act on the plaintiff's marital life.