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(영문) 창원지방법원 2018.07.05 2017나59953

위자료

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On November 24, 1995, the Plaintiff and C are legal married couple who reported their marriage on November 24, 1995, and have one son (D) and two son (Es and Fs) under their slocks.

B. Around July 2016, the Defendant became aware of C, a company’s neighboring employees, and maintained an inappropriate relationship for about six months with C, knowing that C had a spouse.

C. On November 20, 2017, the Plaintiff obtained the confirmation of the intention of divorce with C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 7 (including branch numbers, if any), the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, constitutes a tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). Meanwhile, “illegal act committed by the spouse” under Article 840 subparag. 1 of the Civil Act is a larger concept that includes adultery, but does not reach the gap, but includes any unlawful act that does not conform to the husband’s emotional duty (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 28, 2013). In light of the above legal principles, it is reasonable to view that the third party and the spouse are liable for joint tort by having the spouse aware of such unlawful act (see, e.g., Supreme Court Decision 2013Meu431, May 29, 2015).