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(영문) 제주지방법원 2020.07.06 2020가단52247
손해배상(기)
Text

1. The defendant's KRW 20,000,000 and about this, 5% per annum from February 21, 2020 to July 6, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 6, 1997, the Plaintiff is a legally married couple who completed the marriage report with C on January 6, 1997, and two children among them.

B. Around November 2013, the Defendant visited the car repair store operated by C, and came to know C while leaving C with the repair of the vehicle. A while being aware of C’s existence from around 2017 to January 2020, the Defendant met C, her friendship with C was difficult, and maintained illegal relations, such as having sexual intercourse with C.

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings and arguments

2. Determination as to the cause of action

(a) The occurrence of liability for damages (1) No third party shall interfere with a married couple’s communal living falling under the nature of marriage, such as interfering with a married couple’s communal living by interfering with another person’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 en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). (2) According to the above facts, the defendant committed an unlawful act despite being aware that C has a spouse. The defendant's act infringes on the plaintiff's common life or interferes with the maintenance of the plaintiff's spouse's right as the plaintiff's spouse.

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