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(영문) 수원지방법원안양지원 2017.09.22 2017가단109982
손해배상(기)
Text

1. The Defendant’s KRW 10 million to the Plaintiff and 5% per annum from July 22, 2017 to September 22, 2017.

Reasons

1. Facts of recognition;

A. On January 2, 2012, the Plaintiff has one minor child under the chain of law as a husband and wife who has reported the marriage with C and C.

B. Around April 2015, the Defendant became aware of C with the same company rent. From April 2017, the Defendant, despite being aware of C’s protruding, received frequent communications through message or telephone call, and maintained improper relations, such as talking and drinking.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, video of Gap evidence 2, purport of whole pleadings

2. Determination on the cause of the claim

A. A. 1) A third party’s liability for damages shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). “Cheating” in this case constitutes tort in principle (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 201). Although it did not reach the gap, it includes any unlawful act that does not comply with the husband’s duty of good faith, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 1988; 202.).

(b) liability for damages.

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