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(영문) 대전지방법원 2018.07.17 2018가단200287
손해배상(기)
Text

1. The Defendant’s KRW 10 million to the Plaintiff, as well as 5% per annum from January 13, 2018 to July 17, 2018.

Reasons

1. Facts of recognition;

A. On November 14, 2014, the Plaintiff is a legally married couple who completed a marriage report with C on November 14, 2014, and has two children under the slur.

B. From July 2017, the Defendant: (a) even though having knowledge of the existence of a spouse who is a spouse at a post-board line from around July 2017, provided teaching services in a relationship with the spouse; (b) was accommodated with C in a hotel on December 25, 2017; or (c) committed an unlawful act, such as drinking C at the main station on April 12, 2018 during the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. Determination

(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. The defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant is obliged to pay monetary suffering suffered by the plaintiff.

(b) liability for damages.

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