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(영문) 대전지방법원홍성지원 2016.02.19 2015가단9530
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from November 7, 2015 to February 19, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 28, 1986, the Plaintiff and C have the married couple, one of their children in 1988, two of their children in 1990.

B. C, while the Plaintiff and the Nonparty were living in the Chungcheong Mayang, the factory that had been working in around 2010 moved to the Chungcheongnam-gun, Chungcheongnam-do, and had been located in the Chungcheong Manyang and left away from the Plaintiff.

C. Around May 2012, the Defendant maintained an illegitimate relationship, such as having sexual intercourses over several times from the time when she met C in Austria classes, to April 2015.

On April 10, 2015, the Defendant sent the text messages unilaterally declaring a specific decision to C, and then sent the Plaintiff’s will or his children a message to the Plaintiff’s will or his children, or sent the pictures stamped with C on the bulletin board of his carosto enable many and unspecified persons to view them.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence 1, 2, 3, and 4 (including branch numbers in the case of provisional evidence) and the purport of the whole pleadings

2. Determination

A. 1) In a case where a person who has a spouse’s liability for damages commits an act of adultery with a person who has a spouse, and as a result, a third party who has committed an act of adultery with the person’s spouse, thereby causing the failure of marriage by separateing the person’s spouse from or divorced from the other spouse, constitutes a tort against the person’s spouse, and accordingly, the third party is liable to compensate for the mental distress inflicted upon the person’s spouse (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). (2) First, according to health stand, evidence No. 8, witness’s testimony as to whether the defendant was aware of the person who has a spouse C during the period of inhuman relationship, following the fact that C disclosed the fact that the defendant first fell from the Austria or class that C was made to the Plaintiff and the weekend part, and the defendant visited C and the Plaintiff immediately after C was residing in C and the Plaintiff.

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