logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2019.12.10 2019가단23458
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as annual 5% from June 6, 2019 to December 10, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on March 4, 2008, and two children (2009, 2012) between them.

B. Around October 2014, the Defendant, at C and middle school, became to contact with C through the alumni conference D around October 2014, and committed unlawful acts, such as having sexual intercourse with C, etc., and around 2015, upon the occurrence of the foregoing act to the Plaintiff, arranged the relationship with C.

C. After November 2016, the Defendant began to communicate with C again, and committed unlawful acts, such as having sexual intercourse, until early 2019.

[Reasons for Recognition] Unsatisfy, Gap's entry in Gap's evidence 1 to 4, 5, 6 (including each number), 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 Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). 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 the plaintiff's marital relationship.

arrow