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(영문) 대구지방법원 김천지원 2021.02.16 2020가단33663
손해배상(기)
Text

1. The defendant's KRW 15,00,000 for the plaintiff and 5% per annum from July 11, 2020 to February 16, 2021, and the following.

Reasons

1. The following facts may be acknowledged in full view of the following facts: Gap evidence Nos. 1, 2, 3, 4-1, 2, 5-1, 2, 5-2, 1, 6-1, 2, 7-1, 2, 8, 9-9, 1, 3, 4, 9, 10, and 10, and the whole purport of the pleadings or videos:

A. On June 27, 2012, the Plaintiff and two children were legally married couple who completed the marriage report.

B. On June 14, 2018, the Defendant joined the company where C had served as a vice head and had C work together with C. However, upon knowing that C was a vice head, the Defendant maintained an inappropriate relationship for a period of two years, including giving C a teaching system with C.

(c)

The defendant and C exchanged with each other, and there was a fact that they were involved in the telecom, and while the defendant and C agree with each other, C confirmed the details of settlement in multiple telecoms.

(d)

Meanwhile, the Plaintiff and C maintain marital relations until the closing date of the instant pleadings.

2. Assertion and determination

A. The plaintiff asserts that since the defendant committed a tort with C, the defendant should pay the plaintiff the amount stated in the purport of the claim as compensation for damages caused by the tort.

In regard to this, the defendant did not commit an unlawful act with C, and the marriage relationship with C was broken down due to the defendant.

As it cannot be seen, the plaintiff's claim is unreasonable.

B. In principle, a third party who made a judgment on the establishment of a tort, thereby infringing on a couple’s community life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (Supreme Court Decision 201Meu 2997 Decided November 20, 201). The third party has a duty to inflict mental pain on the spouse arising therefrom.

“Cheating” is greater than that of a liver.

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