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(영문) 서울서부지방법원 2020.07.03 2020가단206536
손해배상(기)
Text

1. The defendant's KRW 20,000,000 per annum for the plaintiff and 5% per annum from February 25, 2020 to July 3, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on November 24, 2009.

B. From around 2018, the Defendant maintained an inappropriate relationship with each other, even though he/she is aware that he/she is a person with a spouse who works together at the relocated workplace, such as “Ne If he/she wishes to do so,” “Ne If he/she would do so,” “I wish to do so,” “I wish to do so,” and “I want to do so.”

C. Until December 2019, the Defendant and C frequently made a telephone call, and around October 1, 2019, the Defendant and C had sexual intercourse, such as delivery from a hotel.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 4, 5, 8, 10, 11, 14, and 15, the purport of the whole pleadings

2. Determination on the cause of the claim

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 marital life of another person. 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 one of 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 2011Meu2997, Nov. 20, 2014). 2) In principle, the Defendant constitutes tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) The Defendant, even though he/she is aware that he/she is a spouse, while maintaining an inappropriate relationship with C from around 2018, has committed an act infringing on and interfering with the maintenance of the married couple’s community life of the Plaintiff and C. As such,

B. As to the amount of consolation money, the period of fraudulent act between the Defendant and C, the background leading up to the Defendant’s fraudulent act and the details and degree of the fraudulent act, and the amount of consolation money.

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