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수원지방법원 2020.04.23 2019가단568453
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 28, 2019 to April 23, 2020.

Reasons

1. Basic facts

A. The plaintiff and C have two children as a legally married couple who completed the marriage report on January 22, 1999.

B. The Defendant maintained inappropriate relations from September 2017, knowing that a middle school dong C was a father-Nam.

C. The relationship between the Defendant and C was discovered to the Plaintiff on April 25, 2018, and the Plaintiff, the Defendant, and C were to not re-convened with the Defendant and C on April 26, 2018.

Defendant and C made a telephone call on July 3, 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes any act that is not faithful to the duty of good faith as a spouse, but is a broad concept rather than the so-called “illegal act” and “illegal act” ought to be evaluated in consideration of the degree and circumstances depending on specific cases.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). According to the above facts of recognition, the defendant committed an unlawful act with C while being aware of the existence of a spouse, thereby infringing upon the rights of the plaintiff and C as the spouse by interfering with their maintenance, and thereby infringing on the plaintiff's right as the spouse, and thereby recognizing that the plaintiff suffered considerable mental pain. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiff.

B. The scope of damages is the marriage period and family relationship between the plaintiff and C, the period and degree of the defendant's misconduct, and the degree of suffering suffered by the plaintiff due to the defendant's misconduct.

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