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(영문) 부산지방법원서부지원 2017.11.17 2017가단106105
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 as well as annual 5% from August 17, 2017 to November 17, 2017 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff and C are in a de facto marital relationship that maintains a community life by raising a marriage awareness and giving birth to their children.

B) As C was entrusted with the long-term artificial park construction in Busan, the Plaintiff and C had the end-of-age father life. From June 2017, C became aware of the Defendant, who was a woman in Busan, in the club and became aware of the Defendant in Busan. C) and the Defendant, despite being aware of their spouse, sent and received telephone conversations or text messages with frequent men in Busan until July 2017, and became physical contacts, such as finger-off and kidation.

[Based on the recognition, in a case where a person who is the spouse of the judgment spouse as stated in the evidence Nos. 1 through 11 and 2 of the oral argument, has reached a matrimonial relationship due to the failure of the marriage by removing, divorced from, or divorced from, his spouse, the third party who committed a simple act constitutes a tort against his spouse (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). Meanwhile, the term "illegal act of the spouse" as defined in Article 840 subparag. 1 of the Civil Act as a cause for judicial divorce as defined in Article 840 subparag. 1 of the Civil Act includes a broad concept that includes adultery, but does not reach a common sense, all unlawful acts that are not faithful to the husband's emotional duty, and the issue of whether the act was an unlawful act shall be determined by considering the degree and circumstances depending on the specific case (see, e.g., Supreme Court Decision 87Meu5, May 26, 1987).

The plaintiff is due to the defendant's act.

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