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(영문) 대전지방법원천안지원 2019.08.22 2019가단102006
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from March 31, 2019 to August 22, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed a marriage report on May 20, 2010, and two children born on May 13, 2012 and October 29, 2014.

B. On April 2017, the Defendant began to offer a key to C at a meeting place with C, which was a space between the Defendant and C, and the Defendant’s male-friendly group known this fact and sent a warning to the Defendant and C, and suspended the teaching system.

C. However, from October 2017 to July 2018, the Defendant and C continued to serve as the teaching staff who had sexual intercourse, etc., and the Defendant and C known the company of the inhuman relationship with C, and two persons retired from office at the end of July 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). Meanwhile, “illegal act committed by the spouse” under Article 840 subparag. 1 of the Civil Act, means a broad concept including adultery, but does not reach the adultery, but includes any unlawful act not conforming to the husband’s emotional duty, and whether it constitutes an unlawful act, shall be assessed in consideration of the degree and situation of each specific case (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 28, 2013). In light of the foregoing legal principles, health class, as to this case’s act of infringing upon the spouse’s right between the Plaintiff and C and the Plaintiff’s spouse.

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