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(영문) 수원지방법원 안양지원 2018.05.11 2017가단124639

손해배상(기)

Text

1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from December 16, 2017 to May 11, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 8, 1989, the Plaintiff has two children under the chain of law as a married couple who completed the marriage report with C and C.

B. The Defendant, despite being aware of the fact that a middle school alumni C was a father-Nam, maintained an inappropriate relationship, such as having frequently exchanged contact from August 2015 to September 2017, and having met at the dwelling or her mother.

[Ground of Recognition] Facts without dispute, entries and videos of Gap's evidence 1 to 14 (including additional numbers) and 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.