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(영문) 의정부지방법원고양지원 2020.11.12 2020가단82754
손해배상(기)
Text

The defendant's KRW 7,00,000 for the plaintiff and its 5% per annum from July 3, 2020 to November 12, 2020.

Reasons

1. Basic facts

A. The plaintiff is a legal spouse who reported marriage with C on August 1, 2005.

B. C became aware of the Defendant around July 2018, and became aware of and during the last six months, the Defendant and 950 telephone calls, exchanged 70 letters, etc., and took part in D and E Arboretums, etc.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the party's assertion 1) The plaintiff defendant was obligated to pay consolation money and damages for delay as stated in the purport of the claim to the plaintiff, as he/she suffered mental pain to the plaintiff, who is his/her spouse, such as the plaintiff, even though he/she was aware that he/she was a legal spouse, who continued telephone conversations and received text messages, and had sexual intercourses, etc.

B. In principle, the act of a third party who is liable for damages caused mental suffering to the spouse by infringing on or impeding the maintenance of common life of the couple corresponding to the essence of marriage and by infringing on the spouse's rights as the spouse by committing an unlawful act with the spouse, constitutes a tort. The term "unlawful act" at this time constitutes a tort, in a broad concept, which includes sexual intercourse, and does not reach the sexual intercourse but does not reach the sexual intercourse but is not faithful to the marital duty of the couple. Whether it is an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case.

In light of the foregoing legal principles, the entire purport of the pleading is added to the facts acknowledged as seen earlier, such as the number of telephone conversations between the Defendant and C, and the fact that the Defendant and C met separately.

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