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(영문) 수원지방법원 2019.05.30 2019가단502996
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from February 1, 2019 to May 30, 2019.

Reasons

1. Facts of recognition;

A. On July 15, 2010, the Plaintiff and C have two children (seven years of age, five years of age) as a legally married couple who completed a marriage report.

B. Around October 2018, the Defendant became aware of C through the app, and maintained an inappropriate relationship between C and October 2018 and December 31, 2018, by knowing that C was a woman, such as sexual intercourses between her mother and the Plaintiff’s residence.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community 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, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). 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 constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant has a duty to pay a monetary suffering suffered by the plaintiff.

B. The scope of liability for damages is the period of marriage, marriage and family relationship between the Plaintiff and C.

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