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(영문) 인천지방법원 2020.07.23 2019가단228055
손해배상(기)
Text

1. The Defendant’s KRW 18,00,000 and its related amount are 5% per annum from October 3, 2019 to July 23, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On October 11, 2010, the Plaintiff has two minor children between C and C as a legally married couple who reported the marriage, and the two.

B. Around May 2018, the Defendant came to know C while running a game at around 2017. Around May 2018, the Defendant conspiredd with C, such as: (a) traveling with a celebrology; (b) drawing up a travel with a celebiopi photograph; and (c) registering a travel log as a Kakakao program photo.

C. On July 25, 2018, the Defendant attempted to teach the Plaintiff with C, thereby causing damage to the Plaintiff’s home.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 9 (including provisional number), the purport of the whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community 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 infringing on the spouse's right as the spouse and causing mental pain to the spouse shall constitute a tort.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach the common sense but does not reach the common sense, and includes any unlawful act that is not faithful to the husband’s duty of mutual assistance. Whether it is an unlawful act or not should be assessed in consideration of the degree and circumstances depending on the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). According to the above facts of recognition, the defendant, despite being aware that C is a spouse, committed an unlawful act with knowledge that C is a spouse, thereby infringing upon, or interfering with, marital life falling under the essence of marriage, or interfering with the maintenance thereof, and the plaintiff as to marital life with C.

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