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(영문) 서울남부지방법원 2020.09.24 2020가단230929
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 10 million with 5% per annum from May 26, 2020 to September 24, 2020, and from the next day.

Reasons

1. Facts of recognition;

A. The plaintiff and C completed the marriage report on December 13, 1994 and have two children.

B. Around September 2019, the Defendant introduced C, and took part in C with C.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. Determination

A. In principle, a third party's act of infringing on or interfering with a couple's communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997). “Unlawful act committed by a spouse” under Article 840 Subparag. 1 of the Civil Act is a wider concept including a adultery, and does not reach the common sense, but includes any unlawful act not conforming to the husband’s duty of good faith (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). Whether an act constitutes an unlawful act ought to be evaluated in consideration of the degree and circumstances of each specific

(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013). B.

According to the above facts, it is evident that the defendant committed an unlawful act with C by knowing that C is a spouse, and caused mental suffering to the plaintiff by infringing upon or maintaining the plaintiff's common life of the married couple and by infringing upon the spouse's right as the spouse, and thus, the defendant is obliged to take a frighter in money.

C. In full view of all the circumstances revealed in the pleadings of the instant case, including: (a) the amount of consolation money that the Defendant is obligated to pay to the Plaintiff; (b) the period of marriage and family relationship between the Plaintiff and C; (c) the details and duration of the misconduct committed by the Defendant and C; and (d) the extent that the misconduct affected the failure of the marriage between the Plaintiff and C

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