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(영문) 수원지방법원 2019.09.19 2019가단512559
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from April 3, 2019 to September 19, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on June 5, 2015, and have one child (four years of age) between them.

B. In 2018, the Defendant became aware of C in the course of finding a mobile phone that he/she went to a customer on the car page operated by C, and maintained an inappropriate relationship, such as sexual intercourse at the hotel from around 2018 to February 2019, even though he/she was aware that C was a father-Nam.

【Reasons for Recognition】 The descriptions of evidence Nos. 1 through 8, the testimony of the witness C, the purport of the whole pleadings

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) liability for damages.

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