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(영문) 서울남부지방법원 2021.03.25 2020가단273742
손해배상(기)
Text

The defendant's KRW 30,000,000 to the plaintiff and its related 5% per annum from November 11, 2020 to March 25, 2021.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on November 30, 1983, and have both adult and two daughters.

B. Since May 2014, C had been engaged in the commercial operations, and the Defendant had worked together with C from the end of 2014.

(c)

On February 2, 2019, the Plaintiff confirmed C’s Handphone, and confirmed C’s text messages sent by the Defendant to C, and asked C to this end for three years since the Defendant and the Defendant continued to commit an unlawful act.

(d)

Even after the Plaintiff became aware of the relationship between the Defendant and C, C and the Defendant were made several calls, and each other was given a word “nicking” and “competing” and “competing.”

E. The Defendant sent to the Plaintiff a photograph with C, or sent letters, such as “I ambling, (C), and stamp,” etc.

F. On July 3, 2019, the Defendant found the Plaintiff and C’s residence at around 23:40, and called C, and that C did not go to go to the Defendant on the apartment complex, and the Plaintiff went to go to C.

In this process, the defendant was shaking the plaintiff's head debt, and the plaintiff was faced with face and hand in the process of avoiding it.

G. The Defendant, along with C on February 15, 2020, posted a phone call to the Plaintiff by the phone. Accordingly, the Plaintiff Findingd the Plaintiff with the instant instant phone and knee, knee, knee, knee, knee, etc. of the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination

A. In principle, a third party who has a liability for damages causes mental distress to his/her spouse by committing an unlawful act with the spouse, thereby infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the spouse's right as the spouse (see Supreme Court Decision 201Meu1, Nov. 20, 201).

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