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(영문) 수원지방법원 2020.07.23 2019가단550308

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 31, 2019 to July 23, 2020.

Reasons

1. Facts of recognition;

A. The plaintiff completed the marriage report on October 28, 1987 with C and two children under the chain.

B. On January 1, 2019, the Plaintiff became aware that C and the Defendant’s telephone conversations were verified, and that the two had continued to reach an inappropriate meeting.

C. From 2016 to 2016, the Defendant and C became aware of only and at the same construction site, thereby developing a gap between them.

The defendant and C entered into a sex relationship at the Moel and accommodation, and the defendant's mobile phone charges were transferred from the head of the Tong C.

On February 6, 2019, the Defendant: (a) made a call with C; (b) divided the conversations between the Plaintiff to the effect that “I will tell the Plaintiff that I would get her to proceed to divorce; and (c) C filed an application for divorce mediation against the Plaintiff on March 11, 2019.

May 28, 2019 (the withdrawal of an application). (e)

The Defendant sent to the Plaintiff the phrase “the Plaintiff’s husband’s wife was aware of only an accident, and that the Plaintiff’s husband’s wife did not have any occupation,” and the Plaintiff’s husband and wife sent letters to the Defendant to criticize the Defendant.

F. On March 4, 2019, the Plaintiff: (a) went to the apartment of the Defendant’s living in order to deliver to the Defendant’s children a note that the Defendant had left Korea; and (b) attached the Defendant’s entrance to the apartment door.

On April 17, 2020, the defendant filed a complaint with the plaintiff's residential intrusion, and the plaintiff was issued a summary order of KRW 500,000.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 13, 15, 16 through 18, the entry of Eul evidence Nos. 3 through 7, 9, 10, and the purport of the whole pleadings

2. In principle, the act of a third party making a judgment on a claim of a principal lawsuit by committing an unlawful act with the spouse, thereby infringing on or impeding the maintenance of common life of the married couple falling under the essence of marriage and infringing on the spouse's right as the spouse, thereby causing mental suffering to the spouse, constitutes tort.

Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014