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(영문) 수원지방법원 안산지원 2018.01.23 2017가단58246

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 for the Plaintiff and the following: 5% per annum from June 24, 2017 to January 23, 2018.

Reasons

1. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the following images as to Gap evidence 2-1 to 9 and Gap evidence 4, and the purport of the whole pleadings:

On April 30, 2013, the Plaintiff (C) and C (C) are married couple who reported their marriage on April 30, 2013, and have only one son(C) under the sus.

B. Around November 2016, the Defendant was paid back to C as compared to C, as the Defendant was to work in the interior of the interior of the interior of the interior of the interior of the interior of the cultural heritage operated by C.

다. 피고와 C은 서로 상대방이 혼인하여 배우자가 있다는 사실을 알면서도 2017. 1.경부터 수개월 동안 여러 차례에 걸쳐 “자기 엄청나게 사랑해, 난 C이 살결에 콕 붙어 있고 싶으당♡♡♡, 내가 살면서 원했던 남자, 나 당신 좋아하고 사랑해, B 자기가 그렇게 말하니까 맘이 찡하자나, 사랑해요, 나도 사랑해♡, 쪽~♡” 등과 같은 내용의 카톡을 주고받거나 성관계를 하는 등 부정행위를 저질렀다.

2. Determination as to the cause of claim

A. According to the facts found as above, the Defendant knew that C is the Plaintiff’s spouse, and committed an unlawful act for a considerable period of time. As such, the Defendant, as a matter of principle, has a duty to protect the Plaintiff’s emotional distress suffered by the Defendant’s tort in money by infringing on or maintaining a couple’s common life corresponding to the essence of marriage by committing a third party’s illegal act with either of the married couple and thereby infringing on the spouse’s right as the spouse and causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014; Supreme Court Decision 2013Meu2441, May 29, 2015).

B. Furthermore, the amount of consolation money that the Defendant is obligated to pay to the Plaintiff is examined, the marriage period between the Plaintiff and C, and the Defendant’s wrongful act.