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(영문) 창원지방법원 2018.10.04 2018가단103719
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a couple who reported marriage with C around November 10, 1990.

The plaintiff and C have a child of 1 South and North Korea.

B. Around 2011, the Defendant was admitted to a service organization called “D” and was aware of the fact that C had been paid.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The plaintiff's assertion was examined for five years ago, and the defendant and C's misconduct was first known.

The plaintiff issued a warning that the defendant met or re-satis C, and the defendant promised that C will not re-convert at the time.

The plaintiff believed that he did not commit any unlawful act any more than the past five years, but he was able to look at C’s E dialogue on January 28, 2018, and he was aware that C had maintained an inappropriate relationship with the defendant by the last five years.

The plaintiff and C's children became aware of the above facts, and the plaintiff and C are under separate living from February 26, 2018.

The Defendant is liable for compensating the Plaintiff for damages caused by the failure of the Plaintiff’s family and the irrecoverable mental suffering.

3. The judgment-making third party shall not interfere with the marital life falling under the nature of the marriage, such as intervening in the marital life of another person and causing a failure of the marital life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Unlawful act committed by a spouse” includes the adulterys, but does not reach a common sense as a broad concept, but is not faithful to the husband’s duty of good faith.

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