logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2017.03.08 2016가단72498
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from November 19, 2016 to March 8, 2017.

Reasons

1. In full view of the purport of the entire pleadings, the Plaintiff reported the marriage with C on March 29, 190, taking account of the facts of recognition as to Gap evidence Nos. 1 through 5 and evidence Nos. 9, and the Defendant may recognize the facts of having given and received sexual speech between C and his spouse from Dec. 2, 2015 to Mar. 2, 2016, respectively, with the knowledge that C had a spouse, and there is no reflective evidence.

2. Occurrence of liability for damages;

A. A third party shall not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person and causing failure of a couple’s community life. A third party’s act of infringing on or interfering with a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on a spouse’s right as a spouse, thereby causing mental distress to the spouse, constitutes tort in principle (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In this case, “unlawful act” refers to a broad concept that includes adultery and includes adultery, but does not reach a common sense, any unlawful act that does not conform to the marital duty, and whether an unlawful act is an unlawful act shall be evaluated in consideration of the degree and circumstances depending on the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.) B.

Upon examining the above facts in light of the above legal principles, the defendant committed an unlawful act continuously for a considerable period with knowledge that C is a spouse, and the defendant's such an act infringed upon the plaintiff's marital relationship or interfered with the maintenance thereof. Thus, the defendant is obliged to pay the plaintiff mental suffering in money.

3. The scope of the liability for damages is the content, degree, and duration of the unlawful act between the defendant and C, and the marriage period between the plaintiff and C.

arrow