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(영문) 춘천지방법원원주지원 2019.04.10 2018가단304662

손해배상(기)

Text

1. The Defendant’s KRW 8,00,000 as well as 5% per annum from September 21, 2018 to April 10, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 23, 2014, the Plaintiff is a legally married couple who reported marriage with C, and has two children between C and C.

B. At the time of July 1, 2018, the Defendant sent to the Plaintiff through D four photographs taken by C and the Defendant, including photographs, etc., on which C and the Defendant took a attitude to view the same trademark pattern as a new one with each other, and sent them to the Plaintiff via telephone conversations with the Plaintiff on the same day. However, the Defendant knew that C had a marital life with the Plaintiff, but C had a sexual relationship with C and C by having divorced with the Defendant and live together with the Defendant on several occasions because C did not want to have a marital life with the Plaintiff, as C had known that it was a state of marriage, and on the same day, C had a marital relationship with the Plaintiff. However, the Defendant did not have a marital life with the Plaintiff, but the Defendant had a sexual relationship with C,” and the purport of “C and the Defendant did not dispute with C, and therefore, the Defendant did not file a complaint against C.”

C. On July 1, 2018, the Defendant sent a text message to C to the effect that C s would be dismissed by giving her a farcing farcing her workers to C through D, who did not receive a telephone.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 12, 13, and 17 (including each number in case of a tentative number) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The obligation to maintain a marriage as a single marital life where a liability for damages arises, is basically assumed between husband and wife. However, a third party shall not interfere with a couple’s community life, which is the essence of marriage, by intervening in a marital life of another person and causing the failure of the couple’s community, etc.

As the contents of marital life maintenance obligation, married couple shall not engage in any unlawful act between themselves, and shall have the right to it. Thus, a third party shall have the nature of marriage by committing an unlawful act with one of the married couple.