beta
(영문) 부산지방법원 2018.05.17 2018가단304454

이혼 등

Text

1. The Defendant’s KRW 10,000,000 and annual interest thereon from July 18, 2017 to May 17, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 10, 2004, the Plaintiff has two children under the chain of law as a husband and wife who completed the marriage report on February 10, 2004.

B. The Defendant knew of the fact that C was a female, and maintained an inappropriate relationship, such as exchanging frequently contact from October 2016 to December 2016, 2016, and communicating at the residence or the telecom.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 4-3 and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) The occurrence of liability for damages (1) No third party shall interfere with a married couple’s communal living falling under the nature of marriage, such as interfering with a married couple’s communal living by interfering with another person’s communal living;

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.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(See Supreme Court Decisions 88Meu7 delivered on May 24, 198, 92Meu68 delivered on November 10, 1992, etc.). (2) According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse, and the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant has a duty to pay mental suffering suffered by the plaintiff in money.

B. The content and degree of fraudulent act between the defendant and C, the duration of the act, and the marriage period between the plaintiff and C.