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(영문) 서울남부지방법원 2015.03.25 2014가단221535

손해배상(기)

Text

1. The Defendant’s KRW 4,00,000 and the Plaintiff’s annual rate of KRW 5% from September 16, 2014 to March 25, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a legally married couple who reported the marriage on June 19, 2013 with C and his/her children D, and maintains marital relations until the date of closing argument in the instant case.

B. In 2011, the Defendant first met with the Defendant at the age club or met with each other, and around May 2013, the Defendant continued to contact with the Defendant and entered the her mother to have sexual intercourse.

C. Around October 2013, the Defendant became aware of the existence of a legally married spouse C, and thereafter continued the relationship by February 2014.

[Ground of recognition] The descriptions and images of Gap evidence 1 through 19 (including the number of pages), part of the witness C's testimony (excluding the part not trusted) and the purport of the whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community 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.

Here, the "illegal act" is a broad concept including the adultery, which does not reach the gap, but includes all unlawful acts that are not faithful to the husband's duty of mutual assistance, and whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances in accordance with each specific case.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014; Supreme Court Decision 2010Meu4095, Nov. 28, 2013). Considering the instant case, the act of C as seen earlier constitutes a wrongful act in breach of the duty of good faith as a husband and wife, and the Defendant took part in such unlawful act.