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(영문) 부산지방법원 2017.04.27 2016가단346188
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from November 1, 2016 to April 27, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 19, 2005, the Plaintiff reported the marriage with C on January 19, 2005, and two children were employed while living a marital life.

B. After having become aware of the son’s son’s son’s losses of the restaurant working for the Defendant, the Defendant, even from May 2016, sent letters and telephone calls several times a day from around May 2016 to the point of view, and contacted with C at the latest, saying C “I want to report” and “I want to send a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

[Based on recognition] Evidence No. 1, Evidence No. 3-1 to 18, Evidence No. 4-1, 2, and Evidence No. 5, and each fact inquiry conducted by the court about the case, the purport of the whole pleadings as a whole

2. In principle, the act of a third party making a judgment by committing an unlawful act with a spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on the spouse's rights.

Here, “unlawful act” is a broad concept rather than a passage, which includes any unlawful act that is deemed not faithful to the duty of mutual assistance of the couple, even if it does not reach the common sense.

According to the above facts, it can be confirmed that the defendant committed an unlawful act with C, who is the plaintiff's spouse, and this constitutes a tort as an act of infringing or impeding the maintenance of marital life, which corresponds to the essence of marriage, and infringing the plaintiff's right, who is the spouse, thereby causing mental suffering to the plaintiff.

The period of marriage between the plaintiff and C, the contents and duration of the misconduct committed by the defendant and C, the degree of mental suffering inflicted on the plaintiff, and the marital life between the plaintiff and C are maintained.

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