beta
(영문) 의정부지방법원 고양지원 2018.04.19 2017가단90328

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as annual 5% from November 3, 2017 to April 19, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 13, 2009, the Plaintiff has two children under the chain of law as a married couple who completed a marriage report with C on April 13, 2009.

B. The Defendant, despite being aware of the fact that C was a father-son, maintained an inappropriate relationship from May 2017 to September 201 of the same year by developing C as an internal relationship.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, video, purport of whole pleading

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 scope of the liability for damages is about the amount of consolation money that the Defendant is liable for, and the content of the Defendant and C’s wrongful act.