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(영문) 의정부지방법원 2020.11.18 2020가단112461
손해배상(기)
Text

1. The defendant shall pay 15,00,000 won to the plaintiff and 12% per annum from April 23, 2020 to the day of complete payment.

Reasons

1. Judgment on the plaintiff's claim

A. 1) On June 14, 2006, the Plaintiff reported the marriage with Nonparty C on June 14, 2006, and among them, four children (the age of 14, 11, 8, and 5) are located. 2) While the Defendant came to know that C was a spouse while meeting with C, he continued to commit an unlawful act against the Plaintiff.

3) While the instant lawsuit was pending, the Defendant attempted to communicate with C and Bag Messenssen (based on recognition). [The grounds for recognition] did not dispute, each entry in Gap evidence Nos. 1 through 6, 10 through 13, and the overall purport of the pleadings [Evidence No. 7, 8, and 9]. The Plaintiff recorded a conversation between the Defendant and C, which is not disclosed to the public, in accordance with Articles 14 and 4 of the Protection of Communications Secrets Act, and the admissibility of evidence is not recognized.

(See Supreme Court Decision 2007Du22344 Decided June 26, 2008).

B. Determination 1) The establishment of liability for damages has a duty to cooperate comprehensively with one another to maintain marriage as a marital life. Therefore, in a case where a third party, by committing an unlawful act with one of the married couple, thereby infringing on a marital life or impeding the maintenance of a marital life corresponding to the essence of marriage, and infringing on the rights of one of the other spouse, and thereby suffering from mental distress, such act constitutes a tort in principle (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above findings of recognition, it is reasonable to deem that the Defendant continued a fraudulent act with the Plaintiff’s spouse, thereby infringing on the marital life between the Plaintiff and C, or interfering with the maintenance thereof, thereby causing mental distress to the Plaintiff. Accordingly, the Defendant has a duty to compensate for mental harm inflicted on the Plaintiff. 2) Prior to the scope of liability for damages, prior to this, the period and period of the marriage and family relationship between the Plaintiff and C, etc., and the details and extent of the unlawful act committed by the Defendant and C.

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