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(영문) 서울동부지방법원 2020.04.21 2019가단134756
손해배상(기)
Text

1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from April 13, 2019 to April 21, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal spouse who completed the marriage report with C on March 10, 2014, and has two minor children under the chain.

B. On February 15, 2018, the Defendant entered the restaurant called D and resigned on July 30, 2018, and became aware of C having served there.

C. On December 2018, 2018, the Defendant sent to C a message and cosmetic-faccom. D.

In addition, on January 11, 2019 and around 18th of the same month, the Defendant c was in alliance with C by having access to C and her motherel on two occasions.

[Based on recognition] The respective descriptions of evidence Nos. 2, 3, 9, 11, 16, 17, 18, 19, 22, and 25 and the purport of the whole pleadings

2. In principle, the act of a third party causing damage to a couple's communal life, which is the essence of marriage, by committing an unlawful act with the husband's or wife, or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes a tort. Thus, according to the above acknowledged facts, the defendant is liable for damages caused by a tort against the plaintiff's mental suffering.

On the other hand, although the defendant alleged that C had different knowledge of U.S. father-Nam, the defendant committed an act in the same restaurant where C and employees were 10 or less from February 15, 2018 to July 30, 2018, and participated in the organization Kakacting room of employees. At the same time, E, as the defendant attended, submitted a letter of confirmation that C had son, and the second speech that C would have come to their delivery, the defendant sent C a message to Kakaox, and sent a gift to Kacox, and the defendant sent C a gift to Kacox, and it appears that C had a child due to posting the photo of Kakaox proto and newborn baby, and the plaintiff's misconduct could have been sufficiently known.

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