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(영문) 의정부지방법원 2020.11.04 2020가단108141
손해배상(기)
Text

1. The defendant shall pay 25,00,000 won to the plaintiff and 12% per annum from January 24, 2020 to the day of complete payment.

Reasons

1. Judgment on the plaintiff's claim

A. 1) The Plaintiff reported the marriage on January 11, 201 with Nonparty C and one child among them. 2) A had a lot of overseas travel and work as a resident in a foreign country due to the characteristics of his/her occupation. Around March 2016, the Defendant committed an unlawful act while accompanying C’s business trip on and around May 2016. C visited C with his/her business trip from February 2017 to end of the end of 2018, and committed an unlawful act, such as sexual intercourse.

3) At the end of April 2019, the Defendant, along with C around the end of April 2019, traveled to Kccock’s “Scocks”, and around June 2019, the Defendant was issued with Australia visa and continued to engage in Australia travel. Although the Plaintiff requested the Defendant to adjust the relationship with C around July 2019, the Defendant continued to engage in an unlawful act, such as causing the U.S. travel with C along with C, around October 2019, even though the Plaintiff requested around July 2019. [Grounds for recognition] There is no dispute with the Defendant, Party A’s evidence Nos. 1 through 16 (each entry and the purport of the entire pleadings).

B. Determination 1) The establishment of liability for damages has a duty to cooperate comprehensively with one another to maintain marriage as a marital life. Therefore, in a case where a third party, by committing an unlawful act with one of the married couple, thereby infringing on a marital life or impeding the maintenance of a marital life corresponding to the essence of marriage, and infringing on the rights of one of the other spouse, thereby suffering from mental distress, such act constitutes a tort in principle (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above facts established, it is reasonable to deem that the Defendant sustained an unlawful act with the Plaintiff’s spouse, thereby infringing on the marital life between the Plaintiff and C, or interfering with its maintenance, thereby causing mental distress to the Plaintiff. Accordingly, the Defendant is suffering from mental distress suffered by the Plaintiff.

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