logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.02.20 2017가단115644
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from July 18, 2017 to February 20, 2018; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 5, 2010, the Plaintiff is a legally married couple who has reported the marriage on January 5, 2010 and has two minor children under the chain.

B. From December 2, 2011 to June 26, 2016, the Defendant, despite being aware of the fact that C was protruding, maintained inappropriate relations, such as mobile phone text messages or telephone conversations, and having sexual intercourses.

[Ground of recognition] Facts without dispute, entry and video of Gap's 1 through 9, and evidence 14-2, and purport of the whole pleadings

2. Determination as to the cause of claim

A. A. 1) A third party’s liability for damages shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). “Cheating” in this case constitutes tort in principle (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 201). “Cheating” is a broad concept that includes adultery, but does not reach the adultery, but is not faithful to the husband’s duty of good faith, and whether a third party committed an unlawful act is determined by considering the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 19882).

B. The Defendant is liable for damages.

arrow