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(영문) 청주지방법원 2016.11.17 2015가단110317
손해배상(기)
Text

1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from October 23, 2015 to November 17, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) On July 22, 1996, the Plaintiff is a legally married couple who completed the marriage report with C on July 22, 1996. 2) The Defendant committed an unlawful act, such as giving and receiving text messages, including the content that C is able to engage in sexual intercourse from February 2, 2015 to March 20 of the same year, even though he/she is aware of the existence of his/her spouse by marriage.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 11 (including additional numbers) and the purport of the whole pleadings

B. Determination 1) A third party shall not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person and causing failure of a couple’s community life. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with a spouse, and infringing on the spouse’s rights as the spouse, thereby causing mental distress to the spouse, constitutes tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). Meanwhile, a spouse’s unlawful act constitutes a tort in principle (i.e., “illegal act of the spouse” includes a broad concept including adultery, but does not reach the gap, but is not faithful to the husband’s duty of good faith, and whether it constitutes an unlawful act shall be determined in consideration of the degree and circumstances depending on each specific case (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992).

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