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(영문) 대전지방법원천안지원 2016.11.22 2016가단103848
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 4, 2016 to November 22, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff completed the marriage report with C on June 12, 2007, and among them, the plaintiff has maintained the marital life with three children from 8 to 4 years of age.

나. 피고는 2014년경 ‘클래시 오브 클랜’ 모바일 게임을 하면서 가입한 클랜에서 알게 된 C과 만나면서 단 둘이 식사를 하거나 C에게 키스하는 이모티콘을 전송하거나 C의 “주유소 가 있는 거야 ”라는 물음에 “자기 맘속에~ ♥”라고 답장하는 등 “여보”, “자기”라는 애칭을 서슴없이 사용하였다.

C. When the Plaintiff came to know of this fact on September 2014, how and how to directly call to the Defendant and the wind have been observed, and that Party C was committed a promise to not re-conven with the Defendant.

However, even thereafter, C had the Defendant open another mobile phone which the Plaintiff knew, and continuously sent a telephone call or message expressing the following circumstances with the Defendant until January 2016, and the Defendant sought in the future of C in the future of C, and continued to do so at the nearest time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination on the cause of the claim

A. A third party whose responsibility is established shall not interfere with a married couple’s community life, which corresponds to the essence of the marriage, such as interfering with a couple’s community life by causing a failure of the married couple’s community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). Meanwhile, a spouse’s wrongful act is a wider concept including the adultery.

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