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(영문) 인천지방법원 2020.11.24 2020가단221111
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its amount from May 26, 2020 to November 24, 2020.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On February 21, 2001, the Plaintiff reported the marriage with C and on May 3, 201, the agreement has been married on May 3, 201, but the marriage has been completed again on November 21, 2014, and two children are under the chain.

B. From April 2019, the Defendant, despite being aware that C is a spouse, began teaching system from around April 2019, and concluded an inappropriate relationship, including a sexual relationship, by referring to the name of “chroning”, “nicking”, “self”, and “competing” with C.

C. The Defendant filed a complaint against the Plaintiff as defamation, but was subject to a disposition on September 28, 2020 that he was suspected of being suspected (defluence of evidence).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5, and 7 (including identification numbers with serial numbers; hereinafter the same shall apply) and video, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. In principle, the act of a third party causing damage to a couple’s communal life, which is the essence of marriage, by committing an unlawful act with the spouse, and thereby infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above acknowledged facts, it is reasonable to deem that the defendant, even though he/she is a spouse, committed an unlawful act with knowledge that he/she is a spouse, thereby infringing on the spouse’s communal life of the Plaintiff and C or interfering with its maintenance, and thereby causing mental pain to the Plaintiff by infringing on the Plaintiff’s right as the spouse.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

B. In addition, the scope of the liability for damages and the amount of consolation money that the Defendant is liable, the above evidence and the statements in Gap evidence Nos. 6, 8, and 9, together with the purport of the entire pleadings, the marriage period, family relationship between the plaintiff and C, which are recognized.

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