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(영문) 수원지방법원안산지원 2020.10.23 2020가단74743
손해배상(기)
Text

The defendant's KRW 17,00,000 for the plaintiff and its 5% per annum from June 30, 2020 to October 23, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed May 21, 2013 as a radio interference with C.

B. The Defendant began to teach C around the summer of 2019, and maintained internal relations until springing 2020 by establishing a sex relationship.

[Ground of recognition] Facts without dispute, each entry or video of Gap 1 through 14 (including virtual numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). “Cheating” in this context refers to a broad concept, including the adultery, that does not reach the common sense, but does not fulfill the duty of mutual assistance of both spouses, may include any unlawful act that does not reach the common sense, and whether it constitutes an unlawful act ought to be evaluated in consideration of

(See Supreme Court Decisions 88Meu7 delivered on May 24, 198 and 92Meu68 delivered on November 10, 1992, etc.). According to the above facts of recognition, the defendant is liable to compensate for mental damage suffered by the plaintiff, since C knowingly committed an unlawful act while being in a marital relationship with the plaintiff, thereby infringing on the plaintiff's community life or interfering with the maintenance thereof, infringing on the plaintiff's spouse's right as his spouse, thereby suffering from mental pain.

B. The period of marriage between the Plaintiff and C, which can be seen by comprehensively taking account of the evidence and the purport of the entire pleadings as seen earlier.

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