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(영문) 창원지방법원 2019.07.11 2019가단109547
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 5, 2019 to July 11, 2019.

Reasons

1. Basic facts

A. On November 10, 2009, the Plaintiff, while making a report of marriage with C on November 10, 2009, gave birth to two children (the married couple in 2010, 2012).

B. On October 11, 2017, the Defendant maintained inappropriate relations, such as having sexual intercourse, at the Defendant’s home, etc., after having conducted physical contact with C while working in the same workplace as C.

C. On February 19, 2018, the Plaintiff confirmed the details of telephone calls, etc. between the Defendant and C and made phone calls to the Defendant. On February 20, 2019, the Plaintiff was found to be the Defendant’s workplace and did not reach with C any longer than the death of the Defendant.

Around March 8, 2018, the defendant found the defendant's house and sexual intercourse C with C, and thereafter, the defendant sent text messages or emails to C, which asked about the extent of their mind.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as a spouse by committing an unlawful act with the spouse, thereby causing emotional distress to the spouse constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to the above-mentioned basic facts, the Defendant is recognized as having committed unlawful act with C, thereby infringing on, or interfering with, a couple’s communal life between the Plaintiff and C, and causing emotional distress to the Plaintiff by infringing on the spouse’s right as the spouse.

3. Therefore, the defendant is liable to compensate for the plaintiff's mental loss caused by the illegal act with C.

B. Prior to the scope of liability for damages, the following facts and evidence revealed by the Plaintiff and C’s marriage period, the period and degree of the Defendant and C’s misconduct, and the above misconduct.

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