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(영문) 전주지방법원 2021.03.10 2020가단16473
손해배상(기)
Text

The defendant shall pay 20 million won to the plaintiff and shall be 5% per annum from July 7, 2020 to March 10, 2021 and from the next day.

Reasons

1. Basic facts

A. On January 16, 199, the Plaintiff and C had three children under the slurro of the law father who completed the marriage report.

B. The Defendant operated a singing room and became aware of C as a customer, and developed from the end of 2016 to the relationship with C and the relationship with C.

On January 2017, the defendant called the plaintiff around January 2017 to the extent that the relationship with C was wide.

The plaintiff who became aware of this was a major dispute with C, but C settled the relationship with the defendant

I believe this.

In this regard, C and the defendant have continuously exchanged contact with each other, and they continued to travel abroad on May 2017 at a fixed period of 7 days from the 6th day around 2017.

Accordingly, the Plaintiff did not distinguish with C and the director, and C promised to “I cannot proceed to divorce, I will not talk with the Defendant,” and believed it.

On June 2018, C sent to the Defendant and the East Coast at the end of April 2020, despite the above commitment, around June 2018.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 and 2-2, and the purport of the whole pleadings]

2. Determination

A. 1) A third party shall not interfere with a married couple’s communal life falling under the nature of marriage by intervening in a couple’s communal life of another person and causing the failure of the third party’s communal 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 a spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 201Meu2997, Nov. 20, 2014). According to the above facts of recognition, according to the above facts of recognition, the defendant committed a tort with C while knowing that the spouse has a spouse, thereby infringing on the Plaintiff’s communal life or interfering with the maintenance thereof, and infringing on the Plaintiff’s rights as the spouse, thereby suffering mental pain.

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