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(영문) 수원지방법원안산지원 2020.11.04 2020가단72068
손해배상(기)
Text

1. The defendant's KRW 20,000,000 and its amount shall be 5% per annum from May 27, 2020 to November 4, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on November 18, 2002 and has two children.

B. The Defendant, despite being aware of the fact that C is a legally spouse, maintained an illegal relationship, such as: (a) with C, from June 2019 to April 2020; and (b) having caused C to have sexual intercourses several times; and (c) having received a surgery for pregnancy termination.

[Reasons for Recognition] Facts without dispute, each entry or video of Gap 1 through 9 (including each number), and the purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). “Cheating” in this context refers to a broad concept, including the adultery, that does not reach the common sense, but does not fulfill the duty of mutual assistance of both spouses, may include any unlawful act that does not reach the common sense, and whether it constitutes an unlawful act ought to be evaluated in consideration of

(See Supreme Court Decisions 88Meu7 delivered on May 24, 198 and 92Meu68 delivered on November 10, 1992, etc.). According to the above facts of recognition, the defendant is liable to compensate for mental damage suffered by the plaintiff, since C knowingly committed an unlawful act while being in a marital relationship with the plaintiff, thereby infringing on the plaintiff's community life or interfering with the maintenance thereof, infringing on the plaintiff's spouse's right as his spouse, thereby suffering from mental pain.

2.3.

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