beta
(영문) 수원지방법원 안양지원 2018.07.13 2018가단100197

손해배상(기)

Text

1. The Defendant is KRW 20 million and KRW 5% per annum from January 30, 2018 to July 13, 2018, and the next day.

Reasons

1. Facts of recognition;

A. On October 21, 200, the Plaintiff and C have one child under the chain of law as a married couple who completed the marriage report on October 21, 200.

B. The Defendant became aware of C around August 2017, and maintained inappropriate relations, such as having sexual intercourse several times until December 2017, even though C knew that he/she is a father-Nam.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. A. 1) A third party’s liability for damages shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). “Cheating” in this case constitutes tort in principle (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 201). “Cheating” is a broad concept that includes adultery, but does not reach the adultery, but is not faithful to the husband’s duty of good faith, and whether a third party committed an unlawful act is determined by considering the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 19882).

B. Regarding the amount of consolation money that the Defendant is liable to compensate for.