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(영문) 수원지방법원 안양지원 2018.04.27 2018가단100838

손해배상(기)

Text

1. The Defendant’s KRW 20 million to the Plaintiff and the Plaintiff’s 5% per annum from February 3, 2018 to April 27, 2018.

Reasons

1. Facts of recognition;

A. On May 6, 1997, the Plaintiff has one adult child under the chain of law as a husband and wife who completed a marriage report with C and the Plaintiff.

B. Around March 2015, the Defendant came to know of C working at the same restaurant, and maintained an inappropriate relationship, such as having sexual intercourse several times from September 2015 to October 2017, knowing that C was a woman.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), 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 shall be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 1988; 202.).

B. The Defendant is liable to compensate for damages.