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(영문) 대전지방법원논산지원 2016.07.07 2016가단20803
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from February 20, 2016 to the day of complete payment.

Reasons

Facts of recognition

A. The plaintiff and C are legally married couple who completed the marriage report on May 11, 1968, and have 2 South son and son as their children under the sus.

(J) South-North D died. (B)

Since about 15 years ago, the defendant has been provided with money in the name of living expenses from C while teaching with C.

C was often the case in which the defendant's house was put on the house, and the house was flick.

C. Around July 2015, the Plaintiff received hospitalization at the Hanyang University Hospital with brain color, and at the time, the Defendant was living together with C at the Plaintiff’s house.

[Based on recognition, “the spouse’s unlawful act” as a ground for divorce under Article 840 subparag. 1 of the Civil Act, which is a ground for divorce under the evidence No. 1-2, evidence No. 2, evidence No. 2, evidence No. 3-1, evidence No. 2, evidence No. 4, evidence No. 5, evidence No. 6-1, and evidence No. 6-2, as a whole, includes a broad concept that includes a adultery, but does not reach the adultery, includes any unlawful act that does not comply with the husband’s duty of mutual assistance (see, e.g., Supreme Court Decision 8Meu7, May 24, 198), and where the person’s spouse’s act of inter-faceping with the spouse causes the failure of marriage due to removal or divorce of the spouse, the third party who committed such an inter-party act constitutes a tort against the spouse of the person, and therefore, the injured party’s mental suffering suffered thereby is obligated to do so.

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). Regarding the instant case, the Defendant committed unlawful acts, such as expulsion with C for a long time, and entering the same time. The Plaintiff continued to commit unlawful acts even after the Plaintiff was discovered of the educational relationship with C, and the Plaintiff and C’s marital relationship has broken down due to such unlawful acts, and thus, the Defendant is liable to compensate for mental damages suffered by the Plaintiff.

Furthermore, about the amount of damages, the Health Unit.

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