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(영문) 의정부지방법원 고양지원 2018.04.19 2018가단70499

손해배상(기)

Text

1. The Defendant’s KRW 40,000,000 as well as 5% per annum from May 18, 2017 to April 19, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 22, 2007, the Plaintiff completed the marriage report with C on November 22, 2007, and two minor children (2007, 2010 children) were placed between C and C.

B. From February 2014 to November 201, 2016, the Defendant committed an unlawful act, such as continuing to meet with the knowledge of the fact that C is a spouse, and making several statements.

C. On November 16, 2016, the Defendant sent to the Plaintiff a Kakao Stockholm message stating that “a person who was unaware of the fact that the Plaintiff was sent a crime against C’s inhuman relationship with C and that the male relationship with C is disturbed.”

Around September 2016, the Defendant: (a) heard talks with C that “I will tell the Republic of Korea about an inhumane relationship; and (b) sent two video images and one photo taken from the body image to mobile phone in the process of dialogueing the Plaintiff and the Kakakakaooootho on December 18, 2016 at the Plaintiff’s request on June 2016 at the Plaintiff’s request during a sexual relationship with C.

On September 21, 2017, the Defendant was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution for each of the above criminal facts in the case No. 2017 Goyang Branch of the District Court Decision 2017 Godan1838.

E. The Plaintiff filed a lawsuit against C seeking divorce and consolation money, etc. with the Seoul Family Court 2017ddan301998, but withdrawn the said lawsuit on August 8, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4 through 11, Gap evidence 18, Eul evidence 18, and 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;

An act of a third party which causes mental pain to a spouse by infringing on a marital life falling under the essence of marriage or impeding the maintenance thereof, and infringing on the right as the spouse, by committing an unlawful act with the spouse.