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(영문) 청주지방법원 2018.11.23 2018가단27492
손해배상(기)
Text

1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from June 27, 2018 to November 23, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 16, 1992, the plaintiff and C have three children as the legal couple who reported marriage.

B. Around 2014, the Defendant joined a mountain conference with C as the president and committed unlawful acts, such as committing a sexual intercourse with C, knowing that C is a spouse after the maturity with C.

C. On January 3, 2017, the Plaintiff came to know of the internal relationship between C and the Defendant and demanded the Defendant to speak with C. On June 3, 2017, the Defendant: “Around June 3, 2017, the Defendant conspireds with C to contact with or not to contact with the Defendant again, and, at any time, undergo any punishment.”

The defendant knew the members of the church accompanying the plaintiff, C and C about the internal relations between C and the defendant, and as a result C received a new order from the church on July 8, 2017, and the plaintiff's family living in the Daejeon Metropolitan City became the director of the Cheongju-si on July 24, 2017.

E. Even thereafter, the Defendant was discovered to the Plaintiff on May 25, 2018, and C terminated the relationship with the Defendant on May 26, 2018, but the Defendant rejected it.

F. The Plaintiff and C maintain a legal marital relationship until now.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, 13, 14, 16, 17, Eul evidence 2 and 3 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The act of a third party who made a judgment on the cause of the plaintiff's claim by committing an unlawful act with the spouse to infringe on or interfere with the common life of the married couple falling under the essence of the marriage and to inflict mental pain on the spouse by infringing on the spouse's right as the spouse constitutes a tort in principle.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant knew that C is a spouse, and committed unlawful acts.

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