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(영문) 의정부지방법원고양지원 2020.07.23 2020가단76209
손해배상(기)
Text

1. The defendant's KRW 5 million and its relation to the plaintiff shall be 5% per annum from March 27, 2020 to July 23, 2020.

Reasons

1. Basic facts

A. The plaintiff is a legal spouse who reported the marriage with C on August 1, 2005, and has one minor child between C and C.

B. From December 1, 2016, C established a cosmetic company called “D” with the Defendant along with the Defendant, and in the process, C was closely related to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1) The defendant, even though he was aware that he was a legal spouse, did not commit any unlawful act to the extent that he is liable to compensate for damages, such as making an improper sexual relationship with C or making physical contact, and thus, the plaintiff and C's marital relationship with C cannot be deemed to have reached the bankruptcy of the plaintiff. Thus, the plaintiff's assertion is without merit. The plaintiff's assertion is without merit. The plaintiff's assertion is without merit.

B. In principle, the act of a third party who is liable for damages caused mental suffering to the spouse by infringing on or impeding the maintenance of common life of the married couple falling under the essence of the marriage and by infringing on the spouse's rights as the spouse by committing an unlawful act with the married couple, constitutes a tort. The term "unlawful act" at this time constitutes a tort in a broad concept, which includes sexual intercourse, but does not reach the sexual intercourse but is not faithful to the marital duty of the married couple, shall include any unlawful act. The issue of whether it is an unlawful act shall be determined in consideration of the degree and circumstances of the specific case.

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