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(영문) 대구지방법원 김천지원 2018.10.25 2018가단32070
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 20, 2018 to October 25, 2018.

Reasons

1. Facts of recognition;

A. On December 2, 2010, the Plaintiff and C have one child under the chain of law as a married couple who completed the marriage report on December 2, 2010.

B. The Defendant is a workplace member with C’s workplace, and even with knowledge of the fact that C was a female, maintained improper relations, such as sexual intercourse, from the end of October 2017 to February 2018, by maintaining the inappropriate relationship, such as sexual intercourse.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

(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 a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse. The defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant is obliged to pay monetary suffering suffered by the plaintiff.

B. The scope of the liability for damages is about the amount of consolation money that the defendant should compensate, as well as health team, the defendant and C.

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