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(영문) 서울남부지방법원 2019.12.17 2019가단249743
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of 5% from September 5, 2019 to December 17, 2019, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed February 19, 2018 as a radio interference with C.

B. Around October 2018, the Defendant began to meet with C and gymnasiums, and maintained an illegitimate relationship between C and C by frequently communicating, exchanging e-mail and D, and establishing a sexual relationship.

[Ground of recognition] Facts without dispute, entries or images of Gap's 1, 6, and 13 (including branch numbers in the case of additional numbers) and 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 communal living which corresponds to the nature of marriage, such as interfering with a couple’s communal living by causing a failure of the married couple’s communal living;

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 the spouse, thereby suffering from mental pain.

B. The evidence and evidence before the scope of the liability for damages.

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