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(영문) 의정부지방법원 2019.11.07 2019가단111202

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 to the Plaintiff is 5% per annum from April 23, 2019 to November 7, 2019.

Reasons

Basic Facts

A. On April 23, 2012, the Plaintiff and C are married couple who completed the marriage report, and have children D (E) and F (G).

B. The Defendant and C became aware of their attendance at the same workplace.

C. Around March 2018, the Plaintiff filed a lawsuit against the Defendant for damages on the ground that the Plaintiff committed an unlawful act, such as forming an internal relations, such as regularly teaching the Defendant and having exchanged H, and having talked with the Defendant at the Defendant’s home, etc., and filed a lawsuit with the Chuncheon District Court 2018Kadan5490.

On October 24, 2018, the above court rendered a ruling of recommending reconciliation that the Defendant would pay KRW 9 million to the Plaintiff by December 31, 2018, and the above ruling became final and conclusive as it is.

However, even after the above decision of the Reconciliation Recommendation, the defendant met with C and B, and received H text messages as shown in the attached Form.

E. On February 2, 2019, the Plaintiff discovered C in its apartment site with the Defendant, as above, and subsequently, discovered C’s cell phone from C and became aware of the fact that C provided liaison again with the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, determination of the purport of whole pleadings

(a) A third party shall not interfere with a marital life equivalent to the essence of the marriage by intervening in a marital life of another person and causing a failure of the marital life, etc. In principle, a third party's act of infringing on, or interfering with, a marital life falling under the essence of the marriage by committing an unlawful act with one of the married couple, and causing mental distress to the spouse by infringing on his/her right as the spouse.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.

In light of the above legal principles, according to the above facts, the defendant establishes an illegal relationship with C, at least a couple's community life between the plaintiff and C.