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(영문) 서울중앙지방법원 2020.02.13 2019가단5217707
손해배상(기)
Text

1. The Defendant’s KRW 18,00,000 as well as 5% per annum from September 27, 2019 to February 13, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On March 26, 2010, the Plaintiff and C have three children as the legal couple who completed the marriage report.

B. Around April 2019, the Defendant maintained an unlawful relationship, such as drinking C or booming text messages containing sexual content, and frequently exchanging text messages with C while having knowledge that C was a spouse, at a middle school alumni meeting.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. A. 1) A third party’s liability for damages shall not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In this case, “unlawful act” refers to a broad concept that includes adultery, but does not reach the adultery, but it includes any unlawful act that does not comply with the husband’s duty of good faith. Whether it is an unlawful act shall be evaluated in consideration of the degree and situation of the unlawful act committed against the Plaintiff (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 8Meu28, Nov. 10, 1992).

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