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(영문) 청주지방법원 제천지원 2021.03.24 2020가단22502
손해배상(기)
Text

The defendant's KRW 20,000,000 to the plaintiff and its related 5% per annum from November 3, 2020 to March 17, 2021.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who reported marriage on December 29, 200 with C and C, and there are two children between C and C.

B. The Defendant, from June 2020 to September 20, 2020, conspired with C by finding C from around June 202 to the Defendant’s residence.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 9, 15, and 16 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) The establishment of liability for damages 1) The illegal act committed by the spouse under Article 840 subparagraph 1 of the Civil Act;

“Along with a broad concept including the adultery, it includes any unlawful act that does not reach the gap between husband and wife, but does not faithful to the duty of good faith (see Supreme Court Decision 88Meu7, May 24, 198). A third party’s act of infringing on or interfering with a couple’s communal life falling under the essence of marriage by committing an unlawful act with the husband and wife, and infringing on his/her spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes a tort (see Supreme Court Decision 2011Meu297, Nov. 20, 2014, etc.). In full view of the evidence and the purport of the whole theory of changes mentioned above, the Defendant, even though having knowledge of the spouse’s existence, can be recognized as having committed an unlawful act with C.

Such unlawful act by the defendant constitutes a tort since it constitutes a tort since it infringes on the common life of the couple between the plaintiff and C, interferes with their maintenance, and infringes on the rights of their spouse, thereby causing mental suffering to the plaintiff.

Therefore, the defendant is obliged to pay consolation money for mental distress to the plaintiff.

① The Defendant sent the Defendant’s birth together with C, and received a gift from C.

C Around June 2020, after leaving the place of residence with the plaintiff, it is expected that he/she had resided with the defendant in the defendant's place of residence for a considerable period.

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