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(영문) 수원지방법원 2018.11.01 2018가단520881
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 30, 2018 to November 1, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on June 28, 2002, and has two children among them.

B. Around April 2014, the Defendant was aware of C at the Internet club. Around July 2014, even though being aware that C was a woman, maintained improper relations, such as sexual intercourse from July 2014 to April 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 10, the purport of whole pleading

2. Determination on the cause of the claim

(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 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, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse, and the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant has a duty to pay a monetary suffering suffered by the plaintiff.

B. The scope of liability for damages is the period of marriage, marriage, family relationship, and misconduct between the Plaintiff and C.

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