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(영문) 수원지방법원 2017.09.21 2017가단510641
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 20, 2017 to September 21, 2017.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on December 23, 2011.

B. C returned to the house on January 9, 2017, and returned to the house on January 23, 2017, and returned to the house on February 7, 2017.

C. C entered the office on February 22, 2017 and returned back to the house on February 25, 2017, and recognized that the Defendant was accompanied by the house on February 26, 2017, and that the Plaintiff would have been divorced, and the Plaintiff was at the time of an inhumanity relationship with the Defendant.

On March 3, 2017, the defendant recognized the non-humane relationship with C to the plaintiff.

E. The Defendant’s attorney stated that the fact that the Defendant committed an unlawful act on the second day for pleading of the instant case was recognized.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including each number), significant facts, and the purport of the whole pleadings

2. Determination

(a) A third party who commits a tort 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 the failure of a 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 Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the facts acknowledged earlier, the Defendant committed an unlawful act with C, thereby infringing or interfering with the maintenance of a married couple’s communal life falling under the essence of marriage, and thereby infringing the Plaintiff’s right as the spouse to C, thereby causing mental pain to the Plaintiff. Thus, the Defendant is liable to compensate for damages suffered by the Plaintiff due to such unlawful act.

B. The following circumstances acknowledged by the evidence admitted as above, namely, the Plaintiff and the Defendant’s age and family relationship.

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