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(영문) 서울북부지방법원 2019.04.30 2018가단123496
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from June 28, 2018 to April 30, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and Nonparty C are legally married and have one minor child attending a high school.

B. C came to talk with the Defendant on February 2, 2018 through a game-raising site or a collection-type display, and thereafter, continued to watch the motion picture for each week, the outdoor drama, meals, etc.

C. Nonparty D, the Defendant’s spouse of the Defendant, filed a lawsuit claiming damages against C on the grounds that Nonparty D violated D’s marital life due to unlawful act, as Seoul Southern District Court Decision 2018Ga226453, and the Defendant committed an unlawful act. On November 8, 2018, the said court rendered a judgment ordering C to compensate for damages equivalent to KRW 3,00,000 and damages for delay to D, by recognizing that B committed an unlawful act with many women who became aware of through the game hosting site, and that the other party infringed D’s communal life, including C, and that it infringed D’s marital life. The said judgment became final and conclusive.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of the plaintiff's assertion is that the defendant committed an unlawful act with the knowledge of C's spouse, thereby infringing upon the joint life of the plaintiff and C, thereby suffering from mental suffering, and thus, he is liable to compensate for the damages suffered by the plaintiff

3. Determination

(a) A third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community;

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 Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). The term “unlawful act” in this context refers to a broad concept, including the adultery, that leads to the gap between pages.

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