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(영문) 인천지방법원 2020.09.10 2019가단269490
손해배상(기)
Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from December 20, 2019 to September 10, 2020.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on November 28, 2002, and has two children between C and C.

B. From December 2017, the Defendant continued to contact and contact with C, a workplace partner, with C, and continued to contact and contact.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 12, and the purport of the whole pleadings

2. Determination:

A. (1) A third party’s liability for damages shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of the married couple’s communal living, etc. A third party’s unlawful act with either side of the married couple, thereby hindering a married couple’s communal living falling under the essence of marriage. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the right as the spouse’s right, thereby causing emotional distress to the spouse

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997). “Unlawful conduct by a spouse” under Article 840 Subparag. 1 of the Civil Act is a wider concept including a adultery, and includes any and all unlawful conduct that does not reach the gap between the couple’s duty of mutual assistance, but does not fulfill the marital duty (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). Whether it is an unlawful conduct ought to be evaluated in consideration of the degree and circumstances

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). (2) Examining the facts acknowledged earlier in light of the aforementioned legal principles, the Defendant, knowing that C is a spouse, maintained an inappropriate relationship with C, and the Defendant’s act constitutes an unlawful act.

The defendant's right as spouse is infringed upon and interfered with marital life as such.

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