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(영문) 수원지방법원 2018.11.29 2018가단528878
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 15,00,000 and the interest rate of KRW 15% per annum from September 4, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On November 28, 2002, the Plaintiff is a legally married couple who completed a marriage report with C on November 28, 2002, and has two children under the chain.

B. The Defendant knew that C had a spouse with C’s middle school line, and, in May 2018, entered into an illegal relationship with C with C by having sexual intercourse several times with C until the Plaintiff was discovered at the early telecom parking lot.

【Reasons for Recognition】 Records of Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) The occurrence of liability for damages (1) No third party shall interfere with a married couple’s communal living falling under the nature of marriage, such as interfering with a married couple’s communal living by interfering with another person’s communal living;

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.

(2) In light of the above legal principles, the defendant committed an unlawful act, such as sexual intercourse, even though he/she is aware that he/she is a spouse, and committed an unlawful act, such as sexual intercourse, or interfered with the maintenance thereof, in light of the above legal principles (see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 192).

B. The scope of the liability for damages and the Plaintiff C.

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