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(영문) 부산지방법원 동부지원 2021.01.14 2020가단209725
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 12,00,000 as well as 5% per annum from May 12, 2020 to January 14, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report on May 29, 2017 with C and C.

B. The Defendant, as a workplace bonus of C, committed an improper act, such as having a sexual intercourse, with the knowledge of the marriage of C from December 2, 2019 to August 9, 2020.

(c)

From April 11, 2020 to August 9, 2020, the Defendant continued to meet C and improper met with the Plaintiff.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 4 through 9, 12 through 15 (including various numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married couple’s communal living falling under the nature of marriage, such as intervening in a marital life of another person and resulting in a failure of the married couple’s communal living;

In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court Decisions 2004Da1899, May 13, 2005; 201Meu297, Nov. 20, 2014). According to the above facts of recognition, the defendant committed an unlawful act even though he/she is aware that he/she is a spouse of C, and thereby, committed an act infringing on the Plaintiff’s communal life or interfering with the maintenance thereof, thereby causing considerable mental pain to the Plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

B. In light of all the circumstances, including the Plaintiff and C’s period of marriage, the content, degree and period of the Defendant’s and C’s wrongful act, the impact of the unlawful act on the Plaintiff’s husband’s common life, and the Defendant’s attitude after the commission of the unlawful act.

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