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(영문) 의정부지방법원 2016.10.21 2016가단112600

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from August 19, 2016 to the day of full payment.

Reasons

1. The facts subsequent to the facts of recognition may be acknowledged by adding together the purpose of the entire pleadings to the statements in Gap evidence Nos. 1, 3-1, 2, and 3.

The plaintiff and C are legally married couple who have reported their marriage.

B. The relationship between C, the Defendant, and the Defendant’s husband D (1) C was in a badial relationship with the Defendant from around 1987.

(2) The Defendant’s husband D became aware of this, thereby making the Defendant into account C.

(3) On September 6, 2010, C promised to pay 30 million won as compensation for mental damage to D, and prepared and delivered a cash storage certificate of the same content.

(4) D filed a lawsuit against D as the District Court 2013da56273, which sought payment of KRW 30 million, and the said court rendered a judgment on February 16, 2014 that “C shall pay D the amount of KRW 30 million and the amount calculated by the rate of KRW 20% per annum from October 23, 2013 to the date of full payment.”

(5) Although C appealed as the District Court 2014Na4089, the appeal filed by C was dismissed on October 24, 2014, and C filed an appeal by Supreme Court Decision 2014Da86127, but the said judgment was finalized on November 20, 2014.

2. The assertion and judgment

(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.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). “Cheating” in this context refers to a wider concept, including the adultery, which does not reach the common sense, but does not reach the common sense, and includes any unlawful act that is not faithful to the husband’s duty of mutual assistance, and is also an unlawful act.