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(영문) 서울동부지방법원 2020.08.21 2019가단147516
손해배상(기)
Text

The defendant's KRW 18,00,000 for the plaintiff and its 5% per annum from September 7, 2019 to August 21, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on June 26, 2009, and has two children among them.

B. The Defendant, despite being aware of the fact that C was a legally spouse, maintained improper relations, such as having C and private son and having sexual intercourse from April 2019 to August 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant, even though having knowledge that C is a spouse, committed an unlawful act with C, thereby infringing upon the Plaintiff’s community life or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse, barring any special circumstance, is obliged to engage in the Plaintiff’s emotional distress.

The defendant asserts that the defendant's improper act does not constitute a tort against the plaintiff since the defendant's marital relationship between the plaintiff and C was "the situation where it is impossible to recover objectively because the marital life has actually failed" before the defendant associates with C, but since there is no evidence to support it, this part of the defendant's assertion is without merit.

B. Considering the marriage period and family relation between the Plaintiff and C, the degree and period of fraudulent act, the impact of the said fraudulent act on the Plaintiff’s couple’s communal living, and all other circumstances revealed in the argument in the instant case, the Defendant is the Plaintiff.

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