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(영문) 부산지방법원서부지원 2020.12.22 2020가단112988
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from September 9, 2020 to December 22, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse who completed the marriage report with C on October 12, 2000, and has three children between C and C.

B. Around December 2019, the Defendant became aware of C in a meal place with the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party shall not interfere with a married couple's communal living which corresponds to the essence of a marriage, such as causing a failure of a married couple's communal living by intervening in a marital life of another person;

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.). In light of the above legal principles, the health care unit and the defendant committed an unlawful act with C while knowing that C has a spouse, thereby infringing upon or impeding the community life of the married couple falling under the essence of marriage between the Plaintiff and C, and thereby hindering the maintenance thereof.

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