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(영문) 서울남부지방법원 2015.01.14 2014가단228505
손해배상(기)
Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate of 5% from August 29, 2014 to January 14, 2015.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who reported the marriage on May 9, 1995, and has two children.

B. From May 2013, the Plaintiff operated a car page in the shopping mall located in the home, and C had a meeting with shop occupants while attempting to work for a car page and became aware of the Defendant who had worked in the restaurant located in the Plaintiff’s car page.

C. The Defendant and C frequently exchanged from around December 2013 to August 2014, 2014, and exchanged telephone conversations at one night or new walls, and stored them with C’s photographed with C’s handphone.

At the time, the defendant was aware that C had a legal spouse.

C responded to the Defendant’s telephone call, which read “competence and love,” and the Defendant responded to the following: “I can die on behalf of the Defendant.”

E. Meanwhile, the Plaintiff maintained a marital relationship with C not later than the date of the closing of the instant argument.

[Ground of recognition] The facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6, and the fact-finding results of this court's fact-finding for est Telecom Co., Ltd., the purport of the whole pleadings

2. Determination

(a) Where a person who has a spouse to be liable for damages commits an unlawful act with a person who has a spouse to be liable for damages, and the person who has committed an unlawful act, thereby causing the failure of the matrimonial relationship to the spouse, the person who committed the unlawful act and the spouse shall be liable to constitute a tort against the person's spouse, and thereby, inflict mental suffering

In addition, "Cheating" under Article 840 (1) of the Civil Code is a broad concept including any other fraudulent acts that are deemed not faithful to the husband's duty of mutual assistance, even if they did not reach the common sense as a wider concept, including the adultery.

2. As seen earlier.

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