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(영문) 서울동부지방법원 2021.02.26 2020가단128078
손해배상(기)
Text

1. The defendant's KRW 15,000,000 and about this, 5% per annum from July 18, 2020 to February 26, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on February 17, 2012, and has two children among them.

B. The Defendant, despite being aware of the fact that C is a legally spouse, maintained the illegal relationship with C, such as having sexual intercourse with C from around 2016.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 13, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In principle, a third party who has a liability for damages by committing an unlawful act with the spouse, thereby infringing on or interfering with the community life of the married couple falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 201). According to the above acknowledged facts, the defendant, even though he/she is a spouse, is aware that he/she is a spouse, thereby infringing on the Plaintiff’s community life or interfering with the maintenance thereof, and infringing on the Plaintiff’s spouse’s right as the spouse, barring any special circumstance, is obliged to bring about mental pain suffered by the Plaintiff in money, barring any special circumstance.

The defendant asserts that the defendant's act does not constitute a tort against the plaintiff since the marital relationship between the plaintiff and C was "in a situation where it is substantially impossible to recover objectively due to the failure of marital life" before the defendant associates with C, but the defendant's evidence alone presented by the defendant is insufficient to recognize that the marital relationship between the plaintiff and C has already been broken down at the time of the wrongful act, and there is no other evidence to acknowledge this otherwise, this part of the defendant's assertion is without merit

B. The scope of liability for damages and the period of marriage and family relationship between the Plaintiff and C, the degree and period of fraudulent act, and the above fraudulent act are marital life of the Plaintiff.

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