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(영문) 대전지방법원천안지원 2017.09.26 2017가단105452
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and annual interest thereon from June 6, 2017 to September 26, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 3, 2010, the Plaintiff completed the marriage report with C on September 3, 2010, and has three children and maintained marital life.

B. From around 2014 to 2015, the Defendant came to know of the work with C at the dental clinic located in the ceiling. Thereafter, around November 2016, C served at the dental clinic located in the Bupyeong-si, and provided a teaching system from the time when C served at another dental clinic located in the ceiling again, and from March 2017, C had his/her office work at the officetel residing in the Defendant at the time prior to his/her work.

At this time, C entered the defendant's officetel password in person, and the defendant was entered into the defendant's kn's clothes with C.

다. 피고는 2017년 5월경 C과 카카오톡으로 채팅을 하면서 C에게 “보고싶어요”, “사랑해요♡”, “자기야~”, “미웠을 텐데 먼저 사랑한다 얘기해줘서 고마워요. 제 마음은 어쩔 수 없나봐요. 이렇게 말 한마디에 또 사랑에 빠져요.”, “사랑해요. 목요일 아침에 봐요” 등의 애정표현을 하였다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 28, purport of the whole pleadings

2. Determination on the cause of the claim

A. A third party who has a liability for damages shall not interfere with a married couple’s communal living which is the essence of the marriage, such as interfering with a couple’s communal living by causing a failure of the married couple’s communal living.

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, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). Meanwhile, a spouse’s wrongful act constitutes a wider concept, including the adultery, and does not reach the adultery.

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