logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.10.13 2020가단111897
손해배상(기)
Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from June 16, 2020 to October 13, 2020, and the following.

Reasons

1. Facts of recognition;

A. After completing a marriage report with C on December 21, 2005, the Plaintiff has brought up children with thickness while living together as a husband and wife.

B. The Defendant became aware of the call of the same swimming pool as C, and committed an unlawful act with knowledge that C had a spouse, such as giving and receiving text messages containing several expressions from January 2020 to April 2020, and continued to exist.

[Reasons for Recognition] Facts without dispute, each entry and video of Gap 1 through 9 (including virtual numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. A third party of the relevant legal doctrine shall not interfere with a married couple’s community life, which falls under the essence of marriage, by intervening in a couple’s community life of another person and causing failure of a couple’s community life.

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 (see, e.g., Supreme Court en banc Decision 2011Meu2997). “Unlawful conduct by a spouse” under Article 840 Subparag. 1 of the Civil Act means a wider concept including a adultery, which does not reach the common sense, but does not reach the common sense, includes any unlawful conduct that is not faithful to the husband’s duty of good faith, and whether it constitutes an unlawful conduct ought to be evaluated

(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.). B.

Judgment

1 In full view of the facts acknowledged in paragraph 1 above A.

In light of the relevant legal principles of Paragraph (1), the defendant, knowing that he/she has a spouse, committed an unlawful act with C, thereby infringing upon or impeding the maintenance of the marital life of the plaintiff and C, and thereby, the plaintiff, who is the spouse of C, suffers mental suffering.

arrow