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Reasons
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(영문) 인천지방법원 2019.09.27 2019가단205182
손해배상(기)
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1. The Defendant’s KRW 8,00,000 as well as 5% per annum from February 19, 2019 to September 27, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On December 11, 1995, the Plaintiff is a legal spouse who has completed a marriage report with Nonparty C.

B. On March 2, 2018, the Defendant resided in Sinsan-si, and filed a move-in report to Suwon-si on March 2, 2018, and became aware of C through the above E by joining the “D” on March 9, 2018.

C. C, on November 27, 2018, after residing together with the Defendant, is currently residing in the Defendant’s residence.

On the other hand, on August 31, 2011 and August 1, 2018, the Plaintiff and C received an application for confirmation of the intention of divorce, and the withdrawal was ordered. On November 9, 2018, C filed a lawsuit against the Plaintiff, and pending the lawsuit with the Incheon Family Court No. 2018ddan9357.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 2, Eul's evidence 1, 3, 6, 7, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserts as follows.

1) From July 2015, the Defendant maintained a fraudulent act with C and C from around November 2018, and C leave home to live together with the Defendant currently living together with the Defendant. 2) Since the Defendant’s illegal act as above led to the failure of a couple’s community between the Plaintiff and C, the Defendant shall pay the Plaintiff KRW 30,000,100 for consolation money.

B. The defendant asserts as follows.

1) The Defendant became aware of C while joining E around March 2018, and became aware of C, and around May 2018, 2018. (2) The Plaintiff’s domestic violence, etc. and C filed an application for divorce around August 2011 and around August 2018, and thus, the marriage between the Plaintiff and C was in a state of failure.

3. Occurrence of liability for damages;

A. The act that a third party of the relevant legal doctrine infringes on or interferes with a couple's communal life falling under the essence of marriage and infringes on the right as a spouse, thereby causing mental suffering to the spouse, in principle, constitutes tort.

However, there are reasons such as the long-term separation of couple.

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