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(영문) 수원지방법원 2019.07.17 2018나12084
손해배상(위자료)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and

Reasons

1. Determination on the cause of the claim

A. 1) The husband and wife bears the duty of good faith to not engage in any unlawful act. The term “unlawful act” in this case includes any and all unlawful acts that are not faithful to the husband and wife’s duty of good faith even if they do not reach the marital relationship. If one spouse commits an unlawful act, the husband and wife is liable to compensate for mental distress inflicted upon the spouse (see, e.g., Supreme Court Decisions 87Meu5, 87Meu6, May 26, 1987; 87Meu6, May 26, 1987). Meanwhile, the third party shall not interfere with the common life of the husband and wife falling under the essence of marriage by taking part in the husband and wife’s common life. The third party’s unlawful act does not infringe on the husband and wife’s marital nature or interfere with their maintenance and the spouse’s right as his spouse, and it constitutes a tort in principle (see, e.g., Supreme Court Decision 2013Meu241, May 29, 2015).

According to the above facts of recognition, it is reasonable to view that the defendant suffered mental suffering from the plaintiff by infringing upon or impeding the plaintiff's communal living life, and therefore, the defendant is liable to compensate for mental suffering suffered by the plaintiff.

B. The scope of damages is recognized, and each of the above facts.

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