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Reasons
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(영문) 부산지방법원 동부지원 2018.04.03 2017가단219647
손해배상(기)
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1. The Defendant amounting to KRW 20 million to the Plaintiff and the Plaintiff’s annual rate of 5% from December 15, 2017 to April 3, 2018.

Reasons

1. Facts of recognition;

A. On December 6, 2005, the Plaintiff married with C on December 6, 2005, and has one child under the chain.

B. Around November 2016, the Defendant joined a workplace where C is accompanied and started to work.

C. On August 5, 2017, C notified the Plaintiff of the teaching relationship with the Defendant and arranged the relationship with the Defendant.

C On August 11, 2017, the Plaintiff prepared a letter stating that “C recognizes that it has been continuously establishing an inappropriate relationship with A, a spouse, from April 17 to April 2017.”

On August 9, 2017, the Defendant also prepared a letter stating that “B and C have continuously established an inappropriate relationship (including a sex relationship) from April 17, 2017,” promising the Plaintiff to adjust the relationship with C.

E. On November 17, 2017, the Defendant sent a mobile phone message to C boarding the aircraft “I wish to do so,” and on November 18, 2017, sent 50 times or more of the mobile phone message with the content of asking for daily life between C and C.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, 15, 16, 17 (including virtual numbers) and the purport of the whole pleadings

2. Determination

A. In principle, a third party’s act of causing damage to a couple’s communal life falling under the essence of marriage by committing an unlawful act with the married couple’s right and obstructing the maintenance thereof, and infringing his/her spouse’s right as the spouse constitutes tort (see, e.g., Supreme Court Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept that includes adultery and does not reach common sense, but includes all unlawful acts that do not conform to the marital duty, and whether it is illegal or not shall be considered in consideration of the degree and circumstances of the specific case.

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