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(영문) 수원지방법원 성남지원 2018.02.06 2017가단217891

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion asserts that since the defendant committed an unlawful act with the plaintiff's husband C and caused mental suffering, the plaintiff is obligated to pay 31 million won as consolation money to the plaintiff.

2. Determination

(a) A third party shall not interfere with a marital life which corresponds to the nature of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

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 right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

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

According to each of the evidence Nos. 1 through 12 (including each of the numbers), the Plaintiff’s legal spouse, and the Defendant’s receipt of C and Kakakao Stockholm, and the Defendant’s receipt of the Defendant’s delivery of C and Kakao Stockholm, may recognize the fact that the Plaintiff made each of the expressions, such as “nurries” and “voluntary damage.”

However, the above facts alone are insufficient to readily conclude that the defendant committed a specific misconduct with C, and there is no other evidence to acknowledge it.

C. Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.