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(영문) 창원지방법원 2020.02.28 2019가단116293
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 12% per annum from August 28, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 26, 1990, the Plaintiff and C have two children as the legal couple who completed the marriage report.

C has been operating hotel in Africa since about 20 years ago.

B. The Defendant transferred to Magascar with C’s aid around January 2018.

C. On April 2, 2018, at each gascar restaurant, the Defendant posted a photograph of which the Defendant c and head are tightly shouldered with each other, on his/her own page. On June 2, 2019, the Defendant and C appeared to have appeared to have been seated with the Defendant and C, while making every gascar visit by the Plaintiff, around June 2019.

As between May 13, 2019 and August 3, 2019, the Defendant and C sent the Kakao Stockholm message with the same content as the attached sheet.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination:

A. The act that a third party who is liable for damages infringes on a couple's communal life falling under the essence of marriage or interferes with the maintenance thereof and infringes on a spouse's right as the spouse and thereby inflict mental pain on the spouse constitutes a tort in principle.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant recognized that he/she committed an unlawful act, such as referring to a person who love with one another, even though he/she is aware that he/she is a spouse, and it is obvious in light of the empirical rule that the Plaintiff was suffering from mental pain due to such an act by the Defendant. Therefore, the Defendant is liable to compensate the Plaintiff for emotional distress caused by such unlawful act.

In relation to this, the defendant was the first spouse of C, and the plaintiff reported the Facebook and Kakakao Stockholm between C and C.

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