손해배상(기)
1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
The defendant.
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report with C on October 21, 2001, and has 2 South and North 1 son’s children under the sus.
B. Around March 2010, the Defendant became aware of C through Internet hosting, and thereafter, C knew of his/her spouse, while continuing to teach C with C, and establishing several sexual intercourses.
C. On the other hand, when the Plaintiff became aware of the Defendant’s unknown fact around August 2010, C entered into an agreement with the Plaintiff around August 17, 2010, which read, “C shall transfer the ownership of the Seoul J apartment and KK apartment, the ownership of which is owned by C, to the Plaintiff without any condition, if the Plaintiff neglected or committed any unlawful act, at home.”
After the preparation of the above written agreement, the plaintiff has been able to see C's error and has maintained the marital life from the date of 2015.
E. From March 2015, the Defendant, from around March 2015, sent and received letters with C again or continued to have a sexual relationship with C several times.
F. On March 10, 2016, C drafted a letter stating that “I, on March 10, 2016, will not meet the Defendant twice again. I will comply with the absolute promise, and delegate all to the Plaintiff when I are unable to comply with the promise. All others will speak in the name of C and I’s letter.”
G. The marriage between the Plaintiff and C continues to exist until now.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 19 (including branch numbers, if any), Eul evidence Nos. 4-1 and 2, Gap evidence Nos. 4-2, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. A third party who made a judgment on the cause of a claim shall not interfere with a married couple’s communal living falling under the nature of the marriage, such as intervening in a marital life of another person and resulting in a failure of the marital life.
A third party shall commit a fraudulent act between one side of the married couple.