logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.07.09 2020가단513824
손해배상(기)
Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from March 21, 2020 to July 9, 2020.

Reasons

1. Facts of recognition;

A. The plaintiff and C have three children as a legally married couple who completed the marriage report on February 8, 2002.

B. Around June 2019, the Defendant maintained an inappropriate relationship, such as sexual intercourse between June 2019 and February 2020, despite being aware that C was a father-Nam.

【Reasons for Recognition】 The entries of Evidence Nos. 1 through 12, 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 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;

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 en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse, and the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant has a duty to pay a monetary suffering suffered by the plaintiff.

B. The scope of liability for damages, the period of marriage, family relationship, details and duration of misconduct, the impact of the above misconduct on the Plaintiff and C’s marriage.

arrow