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(영문) 수원지방법원 안산지원 2018.01.24 2017가단61341
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from August 30, 2017 to January 24, 2018 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) On August 3, 2015, the Plaintiff reported a marriage with C on August 3, 2015. 2) The Defendant committed an unlawful act, such as: (a) even though he/she is aware that he/she is a spouse of C, who is his/her own customer; (b) the Defendant, from 2016, committed an unlawful act, such as exchanging conversations, such as: (c) the Plaintiff’s sexual act, or love by telephone, etc.; and (d) from September 17, 2016 to September 21, 2016, the Republic of Korea was the Republic of Korea; and (e) made a trip abroad from August 10, 2017 to August 14, 2017.

【Grounds for Recognition】 1-9 Evidence (including paper numbers) and the purport of the whole pleadings

B. Determination 1) A third party shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing failure of a couple’s communal living. A third party’s act of infringing on or interfering with a couple’s communal living falling under the essence of marriage by committing an unlawful act with one of the married couple and thereby infringing on the spouse’s right as the spouse and thereby causing mental distress to the spouse, in principle, constitutes tort (see Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). 2) In light of the above legal principles, the health stand, in principle, in light of the above legal principles, the Defendant committed an unlawful act continuously for a considerable period, even though he/she is aware that he/she is a spouse, and the Plaintiff’s marital relationship was infringed or maintained due to such an act by the Defendant, and thus, the Defendant

2. The Defendant shall compensate the Plaintiff by taking account of the various circumstances indicated in the pleadings, including the scope of the liability for damages by the Defendant and C’s wrongful act, degree and duration, the marriage period and family relationship between the Plaintiff and C, the aggravation of the marital relationship between the Plaintiff and C, and the Plaintiff’s position to continue the marriage without wanting the divorce with C.

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