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(영문) 서울서부지방법원 2017.10.18 2017가단220518
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from May 26, 2017 to October 18, 2017; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a spouse married with C on June 1, 2005 and has two children among them.

B. Around May 2014, the Defendant became aware of C and continued to have a close relationship with C despite being aware of the fact that C is a father and son with the spouse.

C. Around June 2015, the Plaintiff became aware of the fact that C is making an inappropriate south with the Defendant through a vehicle studs of C, and received a promise from C to inform and resist C of the fact that C does not match with the Defendant.

On July 2015, the Plaintiff sent to the Defendant a message to the effect that “C any longer than C” was sent to the Defendant via Kakaox, but the Defendant continued to maintain the continuous relationship with C and received considerable economic support from C until April 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 13 (including various numbers, if any) and the purport of the whole pleadings

2. Determination

A. 1) A third party shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple and thereby infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort (see Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In this case, “unlawful act” refers to a broad concept that includes adultery, but does not reach the gap, but includes any unlawful act that does not comply with the marital duty, and whether it is an unlawful act or not, shall be assessed in consideration of the degree and circumstances depending on specific cases.

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