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(영문) 서울서부지방법원 2020.05.01 2020가단212500
손해배상(기)
Text

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

Reasons

1. Facts of recognition;

A. On December 29, 2006, the Plaintiff has two minor children under the chain of law as a married couple who completed the marriage report with C on December 29, 2006.

B. Around June 2018, the Defendant maintained an inappropriate relationship with C, elementary school, middle school, and middle school, and with knowledge that he/she is a spouse of the Dong Chang-gu group, the Defendant maintained an inappropriate relationship with each other by expressing sexual intercourse, such as “one week in the Republic of Korea, since he/she can see it,” “I do not have any absolute C, but no one,” “I would like to put him/her in depth in the Kakao.,” and “I would like to put him/her in the same manner.”

C. From the end of June 2019, the Defendant heard the Plaintiff’s Kakakaox dialogue between the Defendant and C, and around October 13, 2019, the Plaintiff saw the Plaintiff’s Kakaox dialogue between C and C, and took the hand from the street, and talked with C until December 2019.

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 4; Gap evidence Nos. 6 and 7; verification result of Gap evidence No. 5; the purport of the whole pleadings

2. Determination on the cause of the claim

A. A. 1) A third party shall not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple and thereby infringing on the spouse’s right as the spouse and causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). 2) In principle, the Defendant committed a tort (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014).

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