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(영문) 서울남부지방법원 2021.01.14 2020가단268702
손해배상(기)
Text

1. The defendant's KRW 10,000,000 and about this, 5% per annum from October 22, 2020 to January 14, 2021 to the plaintiff, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a legally married couple who completed the marriage report on February 1, 2019.

B. Around July 23, 2020, the Defendant and C met at a street room for the “former T&P” game. Around that time, contact was given from around that time.

(c)

C and the Defendant: (a) sent text messages, such as “voluntary,” “to report,” “to report,” and “to report,” respectively; and (b) sent pictures to each other.

C wishes to report a photograph transmitted by the Defendant to himself and want to do so, and I want to do so.

“Along with sending text messages containing “...........”

(d)

In August 2020, the Defendant became aware of the fact that he was a person who was a spouse of C in the middle of August 19, 2020, but thereafter, he was easy to do so with C on September 19, 2020. On September 29, 2020, the Defendant came to have C and C were on September 20, 2020 or on October 10, 200.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 4, video (including each number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as a spouse by committing an unlawful act with the spouse, thereby constituting a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 201, etc.). (B) According to the above facts of recognition, the Defendant, despite being aware of the circumstances where the relationship between the Plaintiff and C is maintained between the Plaintiff and the spouse, maintained an improper and uneasible relationship with C, and it is obvious in light of the empirical rule that the Plaintiff suffered heavy mental pain. Accordingly, the Defendant is liable for compensating the Plaintiff for damages caused to the Plaintiff due to such unlawful act.

3. The Defendant is liable for damages beyond the scope of the liability.

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