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(영문) 창원지방법원 2019.02.28 2018가단113556
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate from August 10, 2018 to February 28, 2019.

Reasons

1. Basic facts

A. The plaintiff, around October 4, 1978, married with C, having 1 South (1980s) children of 1 South (1978) (19).

B. After becoming aware of C around 2006, the Defendant entered into an internal relationship by February 2018, such as traveling along with others or having sexual intercourse in inns, etc.

C. The Defendant was given financial support from C as it was based on internal relations with C. D.

On February 2018, the plaintiff received hospital treatment with mental impulse knowing that C and the defendant had a long-term internal relationship, etc., and now, C and C are in separate interest.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 16 (including additional evidence), Eul's testimony, the purport of whole pleadings

2. Determination as to the cause of action

A. 1) In principle, a third party’s act of infringing on a married couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above-mentioned basic facts, it is recognized that the Defendant committed an unlawful act, including sexual intercourse with C, thereby infringing on the spouse’s communal life between the Plaintiff and C, or interfering with its maintenance, and causing mental pain to the Plaintiff by infringing on the spouse’s right as the spouse.

3. Therefore, the defendant is liable to compensate for the plaintiff's mental loss caused by the illegal act with C.

B. Prior to the scope of liability for damages, the following circumstances are considered: (a) the period of marriage between the Plaintiff and C, the period and degree of fraudulent act committed by the Defendant and C; (b) the impact of the illegal act on the relationship between the Plaintiff and C and its children and the Defendant’s family relationship and economic situation; and (c) the Defendant’s argument in the instant case.

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