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(영문) 수원지방법원안산지원 2020.10.14 2020가단68458
손해배상(기)
Text

1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from April 17, 2020 to October 14, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on November 11, 2005 and has two children.

B. The Defendant, despite being aware of the fact that C was a legally spouse, maintained an unlawful relationship by teaching the Defendant with C, who had C and private son in the Defendant’s residence from October 2019 to August 2020.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination

(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 the common sense but does not reach the common sense, and includes any unlawful act that is not faithful to the husband’s duty of mutual assistance. Whether it is an unlawful act or not should be assessed in consideration of the degree and circumstances depending on the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and 92Meu68 delivered on November 10, 1992, etc.). According to the above facts of recognition, the defendant, despite being aware that C is a spouse, committed an unlawful act, thereby infringing upon the plaintiff’s community life or interfering with the maintenance thereof and infringing on the plaintiff’s spouse’s right as the spouse. Thus, barring any special circumstance, barring any special circumstance, the defendant is obligated to take the victim’s mental suffering with money.

B. The scope of liability for damages is between the Plaintiff and C.

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