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(영문) 수원지방법원 2019.06.13 2018가단557333

손해배상(기)

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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from July 2, 2018 to June 13, 2019.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on December 21, 2007.

B. From September 2017 to September 2017, the Defendant frequently exchanged contact with the Plaintiff via mobile phone text messages or telephone calls, and sent video images with the Plaintiff having sexual intercourses with C on June 30 and July 2, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). The term “unlawful act” in this case is a broad concept that includes adulterys and does not reach common sense, but includes any unlawful act that does not conform to the husband’s duty of good faith, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances of the specific case (see Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above recognized facts, according to the defendant’s awareness that the spouse was a person who has a spouse, thereby infringing on the spouse’s mental suffering or has no obligation to engage in such an unlawful act, barring any special circumstance.

B. Furthermore, the scope of the Defendant’s liability for damages and the proceedings of the instant pleadings, such as health team, the period of marital life between the Plaintiff and C, the details and duration of the Defendant’s misconduct, and the Defendant’s attitude.