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(영문) 인천지방법원부천지원 2019.06.20 2018가단123378
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from December 15, 2018 to June 20, 2019; and (b) June 21, 2019 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on June 18, 1994.

B. In early 2013, the Defendant, as the head of the D kindergarten, became aware of C, which is the head of the E kindergarten, in the training of the head of the kindergarten, and thereafter, contacted with C by exchanging text messages with C.

C. On August 23, 2016, the Plaintiff: (a) reported that C would give and receive text messages with the Defendant; and (b) the Defendant made an objection to the Defendant; and (c) the Defendant did not know to the Plaintiff that it would not go to the Defendant. He did not go to the Plaintiff. The husband’s portion sent to the Plaintiff after the day, and the husband’s portion was cut off, and only arranged her1. The Plaintiff sent a text message that “I will not go to the Defendant.” I sent to the Plaintiff one time again.

The Defendant continued to maintain the relationship with C even after the lapse of the period from December 27, 2016 to December 29, 2016, and continued to travel with C and Japan, and received text messages from time to time.

E. The Plaintiff and C are in a separate place from October 2017.

[Ground of recognition] The facts without dispute, Gap's statements and images, Gap's evidence Nos. 1, 3, 4, 5, 7, 8, 10, 11, and 11, the fact inquiry results against the head of Incheon Immigration Office of this Court, the purport of the whole pleadings

2. Determination

(a) Where the liability for damages arises, the obligation to live together with one other or the obligation to maintain common life of both spouses, the married couple shall bear the sexual duty that should not commit any unlawful act; and

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

On the other hand, a third party shall not interfere with a married couple's community life, which is the essence of the marriage, by intervening in a marital life of another person and causing the failure of the married couple's community life.

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