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(영문) 서울중앙지방법원 2018.04.25 2017가단5179368

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from September 23, 2017 to April 25, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are married couple who reported their marriage on December 31, 2010, and have children D (201) and E (2015) under the chain.

B. The Defendant’s summary on January 2016

At the main point, I am with C and am deadly and sexual intercourses with C.

In 2016, the Defendant became aware of the fact that the Defendant was the father of the son, but continued to maintain the Vietnam with C, and was pregnant with C around May 2017.

C. Around August 2017, the Defendant sent a text message to the Plaintiff, stating that “I must see if I do not know that I would like to live together with others,” together with two copies, the Defendant sent a text message to the Plaintiff.

Accordingly, the plaintiff forced C to enter into the relationship with the defendant and confirmed C and the defendant continuously.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including branch numbers in case of additional number), Eul evidence 1 to 5, 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 causing mental pain to the spouse by infringing on or interfering with a common life of the married couple falling under the essence of marriage and by infringing on the rights of the spouse by committing an unlawful act with the spouse shall constitute a tort.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). The Defendant, even though having knowledge that C is a spouse, committed an unlawful act, such as committing a sexual intercourse with C, thereby infringing on or interfering with the common life of both the Plaintiff and C and infringing on the Plaintiff’s spouse’s right as the spouse, thereby causing mental pain to the Plaintiff.

The defendant is liable for compensating for mental damage suffered by the plaintiff.

B. The scope of the liability for damages and the Plaintiff C.