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(영문) 서울중앙지방법원 2020.05.27 2020가단5029739
손해배상(기)
Text

1. The defendant's KRW 15,00,000 for the plaintiff and 5% per annum from February 12, 2020 to May 27, 2020 for the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed a marriage report with C on August 21, 2012, and has three minor children (in 2013, 2014, 2016, 2016) under the chain.

B. The Defendant, as the workplace rent of C, maintained an inappropriate relationship for at least a number of months with C knowing that C is the father-Nam, and as to this, C wanted to report to the Plaintiff on November 27, 2019, “(the Defendant) for more than one year, love, good, good, and good, and her out-to-face.”

C. The Plaintiff and C maintain a matrimonial relationship until now.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 13 (including virtual number) and the purport of whole pleading

2. Determination as to the cause of action

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

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant committed an unlawful act despite being aware that C is a spouse, and the Defendant’s act infringed upon the Plaintiff’s marital relationship or interfered with the maintenance thereof.

Therefore, the defendant has a duty to pay mental suffering suffered by the plaintiff in money.

B. The Defendant asserts that the scope of liability for damages and the period of marriage between the Plaintiff and C, the content and the period of fraudulent act began to have a sense from the end of 2019, but in light of the circumstances that can be seen by comprehensively considering the purport of the entire pleadings, such as the horses of the above C and the content of the evidence submitted.

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