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(영문) 의정부지방법원 고양지원 2018.04.19 2017가단83894
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as annual 5% from September 19, 2017 to April 19, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 30, 2006, the Plaintiff has one child under the chain of law with C and the married couple who completed the marriage report.

B. The Defendant, despite being aware of the fact that he/she was a female by the guardian of the Taekwondo Academy student, maintained an inappropriate relationship by giving and receiving Kakakao Stockholm text messages from around April 2017 to around June 2017, suggesting that C is a mutually resistant relationship, and having frequent son.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. A. 1) A third party’s liability for damages shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In this case, the term “unlawful act” in a broad concept that includes adultery, but does not reach the adultery, includes any unlawful act that does not comply with the marital duty, and whether it is an unlawful act, shall be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 8Meu28, Nov. 10, 1992; 206Da3268, supra.)

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