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(영문) 수원지방법원 2020.09.10 2020가단533095
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from June 20, 2020 to September 10, 2020.

Reasons

1. Facts of recognition;

A. On May 12, 2017, the Plaintiff and C have one child (one child in 2018) as a legally married couple who completed a marriage report.

B. Around October 2019 and around January 2020, the Defendant: (a) knew of the fact that he/she had a spouse to a work partner C (a police officer both the Plaintiff and C, the Defendant and his/her spouse); (b) entered the cel with a view to committing an unlawful act, such as going through a coffee shop or eating at a coffee shop.

C. On May 25, 2020, the Defendant was subject to a disciplinary measure for one month of salary reduction by the Commissioner of the Gyeonggi-do Police Agency on the ground that the Defendant violated the duty to maintain dignity under the State Public Officials Act with C’s above misconduct.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 2, and the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 2014). According to the above acknowledged facts, the Defendant, even though he/she is aware that he/she is a spouse, has committed unlawful act with C, thereby infringing on or interfering with the Plaintiff’s common life with C, and thus, is liable to compensate for emotional distress inflicted on the Plaintiff.

B. In full view of all the circumstances revealed in the records and arguments in the instant case, including the scope of damages and the marriage period and family relations of the Plaintiff and C, the background leading up to the commission of fraudulent acts by the Defendant and C (in particular, the Plaintiff, the Defendant, and their spouses, even if they were to go to the same workplace as the Plaintiff and C), the content, period, and degree of fraudulent acts, the impact of the Defendant’s fraudulent act on the Plaintiff’s marital life, and the circumstances after

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