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(영문) 수원지방법원 2019.11.21 2019가단533976
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from July 4, 2019 to November 21, 2019.

Reasons

1. Facts of recognition;

A. On August 4, 2014, the Plaintiff and C have two children as a legally married couple who completed a marriage report on August 4, 2014.

B. On May 2019, the Defendant, even though being aware of the fact that he was a woman, maintained an inappropriate relationship, such as sexual intercourse between May 2019 and June 2019.

【Grounds for Recognition】 Evidence Nos. 1 through 10 (including branch numbers, if any) and Nos. 1 through 3, 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 marriage, family relationship, and family relationship between the Plaintiff and C.

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