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(영문) 서울남부지방법원 2020.09.08 2020가단202399
손해배상(기)
Text

The defendant's KRW 15,00,000 to the plaintiff and 5% per annum from February 1, 2020 to September 8, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on August 27, 2019.

B. On November 2018, the Defendant first known C, a company’s bonus, and concluded a sexual intercourse with C, knowing that C had a legal spouse, with knowledge that C had a legal spouse.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, Gap's 5 through 9 (including branch numbers for those with a serial number), the purport of the whole of each video and pleading

2. Determination on the cause of the claim

A. A. 1) A third party’s liability for damages does not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life by causing the failure of 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 mental distress to the spouse, in principle, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). According to the aforementioned facts acknowledged, it is reasonable to deem that the Defendant, even though he was aware of the spouse, knowingly committed an unlawful act with C, thereby infringing on and impeding the spouse’s community life falling under the essence of marriage between the Plaintiff and C, and infringing on the Plaintiff’s right as the spouse. Accordingly, it is clear in light of empirical rule that the Plaintiff suffered mental distress. As to this, the Defendant is liable for damages due to a tort committed against the Plaintiff and the Defendant, as well as a marital failure.

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