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(영문) 춘천지방법원 강릉지원 2018.10.10 2018가단32186

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from May 16, 2018 to October 10, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legal married couple who completed the marriage report on June 3, 2015, and have no child between them.

B. From February 2018 to March 3 to 4, 2018, the Defendant has personally met with C, and “B (Defendant) is so good that N (C) does not go to her mar and if I want to communicate as if I would like to do so, I would like to go to know if I would like to go to am well.” “I would like to come to am well,” “I would like to come to am,” “I would like to report”, “I would like to am,” “I would know that I would know that I would go to am,” “I would not know that I would go to see that I would go to am well,” “I would go to go to am if I would know that I would go to am well.”

C. Even after the instant lawsuit was filed, C sent a text message to the Defendant stating that “to protect the Defendant,” and demanded a divorce to the Plaintiff.

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context refers to not limited to gender relations, but to all acts that are not faithful to the husband’s duty of good faith, and whether such acts are illegal or not shall be evaluated in consideration of the degree and circumstances depending on specific cases.

(see, e.g., Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). The above is the same.