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(영문) 대구지방법원포항지원 2017.08.24 2016가단102403
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 9, 2017 to August 24, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff C is a legally married couple who completed February 5, 2007 as a radio interference and has two children.

B. On January 2015, the Defendant developed into an internal relationship with C, such as entering into a sex relationship after having met C in Japan.

C. Meanwhile, on the other hand, on February 15, 2016, the Plaintiff and C filed an application for divorce with the Daegu Family Court for divorce, and the Plaintiff became aware of the relationship between the Defendant and C around March 2016.

Accordingly, the plaintiff did not respond to the above agreement divorce, and the above application was withdrawn on May 26, 2016, and the plaintiff and C are currently under separate living.

[Ground of recognition] Unsatisfy, Gap 1 to 7 evidence, Eul 2 evidence (including each number), the witness C's testimony, the 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 communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal 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 Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant is liable to compensate for mental damages suffered by the Plaintiff, inasmuch as C, even though having knowledge of the fact in a marital relationship with the Plaintiff, committed an unlawful act, thereby infringing on or interfering with the Plaintiff’s communal life, infringing on the Plaintiff’s right as the Plaintiff’s spouse, thereby suffering from mental pain.

B. The period and family relationship between the Plaintiff and C, the period and contents of the unlawful act by C and the Defendant, and the degree of the failure of marriage, which can be seen by comprehensively taking account of the evidence and the purport of the entire argument.

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