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(영문) 서울서부지방법원 2019.01.29 2018가단221709
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as 5% per annum from July 13, 2018 to January 29, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on December 17, 2013, and have two children (D and E) between them.

B. The Defendant, despite being aware that C is a spouse, was a workplace partner who attends the same company as C, and even from January 2018 to May 2018, 201, even after having been aware that C was a spouse, had personal contact with C, and had sexual contact with C, such as kis, or other physical contact with C, and maintained a friendly relationship.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party who has established 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 causing a failure of the married couple’s community;

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 201Meu2997 Decided November 20, 2014). Meanwhile, the term “illegal act” under Article 840 subparag. 1 of the Civil Act includes any act that is not faithful to the duty of good faith as a spouse, and includes any act that is larger than the so-called “an ordinary”, and the issue of whether an act is an unlawful act ought to be evaluated in consideration of the degree and situation depending on a specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). According to the above facts, the defendant committed an unlawful act while being aware that C is a spouse, thereby infringing the plaintiff's marital relationship and causing serious mental distress to the plaintiff.

Since the above act of the defendant constitutes a tort, the defendant takes money from mental suffering suffered by the plaintiff, unless there are special circumstances.

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