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(영문) 서울동부지방법원 2020.01.16 2019가단101633

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual interest from April 12, 2019 to January 16, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on December 1, 2015.

B. C operates main points in Gangnam. The Defendant, as the main points in the above main points, was difficult to see as customers, had three to four books with the Plaintiff, and the Plaintiff was aware of the fact that C and the Plaintiff were married to the Plaintiff, by taking out “Good Amar” on the pictures of the children posted on the SNS.

C. On December 29, 2018, the Defendant entered into a sex relationship with C at the above main points operated by C around 4:00 new walls on December 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 10 (including virtual number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) A third party’s liability for damages does not interfere with a married couple’s communal life falling under the essence of marriage by intervening in a married couple’s communal life of another person and causing failure of a married couple’s communal life. A third party’s act of infringing on or maintaining a married couple’s communal life falling under the essence of marriage by committing an unlawful act with one of the married couple, and thereby infringing on the spouse’s right as the spouse and causing emotional distress to the spouse (Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014), in principle, constitutes tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 201). According to the above fact-finding, the defendant committed unlawful act, such as entering into a sexual relationship with C even though he/she is well aware that it has a marital relationship with C, thereby infringing on the Plaintiff’s spouse’s right as the spouse of the Plaintiff, and as such, it is obvious that the Plaintiff suffered considerable mental distress due to the Defendant’s unlawful act.

B. All the arguments in the instant case are shown in the scope of liability for damages, such as the period of marital life of the Plaintiff and C, the period and degree of fraudulent act of the Defendant and C, and the influence of such fraudulent act on the marital life of the Plaintiff and C.