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(영문) 대구지방법원서부지원 2019.10.30 2019가단56682

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from May 14, 2019 to October 30, 2019 to the Plaintiff.

Reasons

1. Relationship between the Parties

A. The plaintiff is a legal couple who completed the marriage report on June 15, 1995, and two married couple are married under the slurbs.

B. The Defendant is a person operating a logistics company, and C has served as the above company’s accounting position from March 2016.

Since the beginning of the first sex relationship with C in 2018, the defendant has developed into a male and female relationship. Since then, the defendant knew that C has a spouse, he/she has been aware that C has a spouse, and entered into a non-humanity relationship, such as having a sexual intercourse, on several occasions, with the awareness that C has a spouse.

C. On March 2019, the relationship between the Defendant and C led to the Plaintiff’s unknownness until March 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of a couple’s communal living. A third party’s act of infringing on or interfering with a couple’s communal living falling under the essence of marriage by committing an unlawful act with one of the married couple, thereby infringing on his/her right as a spouse and causing mental pain to the spouse, in principle, constitutes tort.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). B.

According to the above facts of recognition, the defendant committed an illegal act even though he is a spouse of C, and since such an act by the defendant infringed on the plaintiff's marital relationship and interfered with the maintenance thereof, the defendant has a duty to pay mental suffering suffered by the plaintiff in money.

C. Meanwhile, while the defendant alleged that the marital relationship between the plaintiff and C had a problem prior to the defendant's wrongful act, there is no evidence to acknowledge it, the defendant's argument cannot be accepted.

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