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(영문) 대구지방법원 2016.04.05 2015가단118950

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from November 14, 2015 to April 5, 2016, and the following.

Reasons

1. On April 15, 201, the Plaintiff reported marriage with C on April 15, 2011.

From March 25, 2014, the Defendant sent and received the message, such as C and C for about five months from the time the Plaintiff brought C’s smartphone to the time of bringing C’s smartphones, and the other party refers to king, Singi, Singi, Ning, and expressed “Is that I would like to do so on the good,” and includes “Is that I would like to do so on the good, good love, and inside.”

The Plaintiff and C divorced on December 17, 2015 according to the Family Court's decision of recommending reconciliation.

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 through 4, and Eul's evidence No. 1. 2. The third party who is liable for damages shall not interfere with other's community life equivalent to the nature of marriage by participating in other's common life and causing failure of marital life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). “Cheating” in this context refers to a wider concept, including the adultery, which does not reach the common sense, but does not reach the common sense, includes any unlawful act that is not faithful to the husband’s duty of mutual assistance, and whether it is an unlawful act or not should be evaluated in consideration of the degree and situation of the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). According to the above facts of recognition, the defendant committed an unlawful act continuously for a considerable period of time with knowledge that C is a spouse, and the defendant's such act infringed upon the plaintiff's marital relationship or interfered with the maintenance thereof. Thus, the defendant suffered mental suffering of the plaintiff.