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(영문) 수원지방법원 2018.07.18 2018가단511498
손해배상(기)
Text

1. The Defendant jointly with C (D) and jointly with the Plaintiff KRW 10,000,00,000 and the Defendant’s payment thereof from March 29, 2018 to July 18, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff and C completed the marriage report on March 8, 2003, and both parties have minor children.

B. In 2017, the Defendant became aware of C as a guest at the main point of his own operation, and thereafter became close to the point of view.

C. C and the Defendant sent text messages to the end of 2017, and (1) “Eve”, and (2) sent to accommodation establishments, and (3) sent travel along with each other.

On July 2017, C and the Defendant were discovered to the Plaintiff. At this time, C left home and came up with the Defendant’s residence, and the Defendant demanded the Plaintiff to divorce with C.

[Based on recognition] The descriptions of Gap evidence Nos. 1 through 5, 7, 9 (including the branch numbers of evidence No. 5) and the purpose of the whole pleading

2. Determination as to the cause of action

(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.

In addition, tort liability borne by either spouse and the third party is jointly and severally liable as joint tort liability.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The fact that the Defendant knowingly knowingly committed an illegal act with C with C while having a spouse is identical as seen earlier. It is reasonable to deem that the Defendant’s act infringed upon the Plaintiff’s right as the spouse of C. It is obvious in light of the empirical rule that the Plaintiff suffered serious mental pain.

Therefore, the defendant is against C.

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