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(영문) 수원지방법원 안산지원 2021.02.10 2020가단81505
손해배상(기)
Text

1. The defendant's KRW 25,00,000 and about this, 5% per annum from August 26, 2020 to February 10, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed a marriage report with C on February 4, 2003, and has one child ( South, 2004 birth) between them.

B. The Defendant knew of the fact that C was a legally spouse, and committed an unlawful act, such as exchanging C and B body pictures from January 2017 to June 2020, and having sexual intercourse.

[Ground of recognition] Facts without dispute, entry or video of evidence A 1 to 5, the purport of the whole pleadings

2. Determination as to the cause of claim

(a) A third party who has a liability for damages shall not interfere with a married couple’s communal living falling under the nature of marriage, such as interfering with a couple’s communal living by interfering with another person’s communal living;

In principle, a third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing emotional distress to the spouse, which constitutes a tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above facts of recognition, the Defendant committed an unlawful act despite being aware of the marital relationship with the Plaintiff, thereby infringing on or interfering with the Plaintiff’s communal life, thereby infringing on the Plaintiff’s spouse’s right as the spouse, thereby causing emotional distress to the Plaintiff. As such, the Defendant is liable to compensate for emotional distress suffered by the Plaintiff.

As to this, the defendant had already failed the marital relationship between the plaintiff and C.

One of the arguments, there is no evidence to acknowledge it, and the defendant's argument is without merit.

B. The evidence and records revealed prior to the scope of liability for damages, and the overall purport of the theory of changes, are as follows: the marriage period and family relationship between the Plaintiff and C, the content and degree of fraudulent act, the period, the Defendant’s improper act, the impact of the Plaintiff’s couple’s community life, and other circumstances shown in the argument

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