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(영문) 서울남부지방법원 2020.11.26 2020가단236507

손해배상(기)

Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from May 21, 2020 to November 26, 2020 for the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who has completed a marriage report with C, and there are two children among them. The defendant is a legally married couple who has completed a marriage report on February 22, 2002, and one child among them.

B. Around November 2018, the Defendant began to meet or teach C at the Suwon Dongc Group affiliated to E, and around that time, the Defendant continued to engage in telephone conversations, including the multiple-time sexual intercourses, from around November 201 to around January 2020, and received text messages from time to time, and continued to engage in illegal relationship with C.

(However, the defendant tried to adjust the relationship with C after September 2019, but failed to succeed against C).

The defendant was unable to adjust the relationship with C, and the defendant attempted suicide with excessive drinking and water exemption on January 1, 2020 but failed.

The defendant, immediately after the discharge, became aware of the relationship between D and C, and C in the same year.

3. From April, 300 to the Plaintiff, the Defendant’s misconduct was advanced.

After that, according to the Plaintiff’s filing of a civil petition on the grounds of the Defendant’s fraudulent act with C, the Defendant, who is a public official, was subject to three months of suspension from office due to the following grounds: (a) the Defendant was in violation of the duty to maintain dignity on June 2020; (b) the violation of the duty to maintain good faith;

(At present, the petition review is in progress). (e)

On the other hand, on August 18, 2020, the Plaintiff and C obtained the confirmation of the intention of divorce from the Chuncheon District Court in the East Sea Court.

[Reasons for Recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 through 12, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.).