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(영문) 서울동부지방법원 2016.11.17 2016가단103454
손해배상(기)
Text

1. The Defendant’s KRW 14,00,000 as well as 5% per annum from February 27, 2016 to November 17, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

(a) In full view of the respective descriptions and images of evidence A and evidence Nos. 1 to 5, 7, 9 to 11, 13 to 16, 18, and 19, the following facts are recognized, taking into account the overall purport of the pleading (including the fact that there is no dispute):

On May 8, 1979, the plaintiff completed the marriage report with C on May 8, 1979, and has maintained the marital life with D(E) and F(G) as a child.

In around 2013, the Defendant met C at the “H Mountain Association” and thereafter divided the dialogue between the members of the mountain conference and the Defendant, or two members of the art gallery, or both of the Defendant and the art gallery, and called “voluntary damage” by telephone communications.

From March 2014 and May 2014, the Defendant 2014: (a) 1 and 2014, c and grepted c and greging in Franchisium on two occasions; (b) around March 2015, c and greging in Franchisium.

On December 2015, the Plaintiff confirmed the above facts in C’s smartphone, and prepared a written statement stating that C will recognize the relationship with the Defendant on September 19, 2016 and transfer all the property of the Defendant’s name to the Plaintiff, and that C will transfer all the property of the Defendant’s name to the Plaintiff on January 14, 2016, in the event of confirmation of divorce in the future on January 14, 2016.

On the other hand, the plaintiff filed a lawsuit seeking consolation money (Seoul Central District Court 2016da5028654 case) from around 2014 on the grounds that C committed a fraudulent act with another woman.

B. A third party whose liability is established shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a couple’s community life of another person and causing failure of a couple’s community life.

A third party who commits an unlawful act with one side of the married couple, thereby infringing on or impeding the maintenance of common life of the married couple corresponding to the essence of marriage, and doing so.

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