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(영문) 서울남부지방법원 2019.04.30 2018가단250203

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from October 27, 2018 to April 30, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a married couple who completed the marriage report on February 28, 1983 with C.

나. 피고는 2017. 6. 4. C에게 ‘자긴 나를 위해서 뭘 해줄 수 있어 자기의 넓은 마음은 알겠는데 이런 사이가 아니었음 더 좋았을 껄’, ‘짝꿍이한테 걸렸어 나말구 자기 D온거’, ‘아무래도 정리하는게 좋겠어’ 등의 D 메시지를 보냈다.

C. On June 5, 2017, the Plaintiff demanded the settlement of the relationship with the Defendant Mana, and the Defendant again decided that the Plaintiff would not meet C.

피고는 2018. 9. 1. C과 전화통화를 하면서 C이 피고에게 ‘어제 안아보니까 가슴이 벗어나’, ‘나도 푹, B이한테 푹 빠졌고 B이는 C이한테 푹 빠졌고 우리 둘이는 더 이상 나쁜 일이 없으면 돼’, ‘C이 만나서 성질 개떡 같은 것도 죽으러 들고’ 등의 이야기를 하였다.

E. On October 2, 2018, the Plaintiff sent to the Defendant a DNA message to the effect that he/she continues to meet C even with promising that he/she will no longer meet C, and the Defendant asked him/her to the effect that he/she continues to meet and incompetence, and the Defendant asked him/her that he/she would be aware of, “I am,” “I am, I am,” “I am, I am,” “I am, I am, I am,” “I am, I am,” “I am, I am, I am, I am,

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 3, 4, and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married couple’s communal living which corresponds to the nature of marriage, such as causing a failure of a married couple’s communal living, by intervening in a marital life of another person;

In principle, a third party's act of infringing on or impeding a marital life falling under the essence of marriage and infringing on the right as a spouse, thereby causing mental suffering to the spouse.