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(영문) 수원지방법원안양지원 2017.08.25 2016가단104195

손해배상(기)

Text

1. The Defendant’s KRW 10 million and the Plaintiff’s annual interest from April 1, 2016 to August 25, 2017.

Reasons

1. Facts of recognition;

A. On October 22, 2010, the Plaintiff has one minor child under the chain of law as a husband and wife who completed the marriage report on October 22, 2010.

B. Around September 2009, the Defendant came to know of C by telephone, etc., and the Defendant, despite being aware of the fact that C was a woman, maintained an inappropriate relationship, such as setting up a travel plan including the implications of sexual intercourse, by giving and receiving contact by telephone, etc. from February 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 3, 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). Although it did not reach the gap, it includes any unlawful act that does not comply with the husband’s duty of good faith, and whether it constitutes an unlawful act, it shall be evaluated in consideration of the degree and circumstances depending on the specific case (see, e.g., Supreme Court Decisions 8Meu7, May 24, 1988; 202.).