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(영문) 대전지방법원 2015.09.09 2014가단218785
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from June 23, 2014 to September 9, 2015.

Reasons

1. Facts of recognition;

A. On August 17, 2013, the Plaintiff commenced a de facto marriage relationship with C, and on November 13, 2013, the Plaintiff entered the name in the final wave called “the head office of non-party origin” that can be married.

B. The Defendant was known with C prior to the commencement of the de facto marriage, and even after the commencement of the de facto marriage, it continued to contact with C and several times, and on June 22, 2014, sexual intercourse with C was established.

C. Around July 8, 2014, C attempted to go together with the Plaintiff, but failed to go back to the Plaintiff’s delivery. However, C was able to live separately from September 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 10 (including additional numbers), Eul's testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff maintains a continuous marital relationship with C, etc. with C, and thus, a de facto marital relationship between C has broken down. As such, the defendant is liable for compensating the plaintiff for damages caused by the above de facto marital relationship failure. The damages are damages caused by physical disability due to stress, emotional support basis due to the failure of home, damage caused by C’s emotional support, damage caused by business loss due to the failure of the cancer, and mental damage caused by the de facto death of the cancer, and the injury caused by the injury of the cancer’s reputation, and the compensation for consolation money of KRW 30 million.

In regard to this, the defendant asserts that C only has a sex relationship after the failure of the marital relationship with C, and that C's act is not related to the plaintiff's business loss.

B. In a case where a person commits an unlawful act with a party to a judgment, or with a spouse, and thereby causes the failure of a de facto marriage by such party’s retirement from living with his spouse, a third party who committed an unlawful act constitutes a tort against the party’s spouse, and thereby, the third party is liable to compensate for the mental suffering suffered by the party’s spouse.

According to the above facts, the defendant establishes a sexual relationship with C with the knowledge that C is a person in a de facto marital relationship.

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