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(영문) 수원지방법원 성남지원 2018.10.31 2018가단218136
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 per annum for the Plaintiff and 5% per annum from April 21, 2018 to October 31, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff and C have two women under the chain of law, which completed the marriage report on December 10, 1990.

B. In 2017, the Defendant sent and received text messages, such as “A” to “self”, “a half”, “observers”, and “observers” from the time to February 2, 2018, while knowing that C had a spouse, the Defendant was aware that C had a spouse, and sent to C text messages, including “voluntary kising, kising, kising, and kisk and kis,” “Isk and kis, and “Isksk and kisk kis, and onesk and kis.”

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

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.

(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the Defendant committed an unlawful act, such as continuously exchanging text messages containing the content that C knew that he/she is a spouse, and continuously exchanging with C, as alleged by the Defendant, even if he/she did not have a sexual relationship with C.

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