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(영문) 수원지방법원 2021.01.14 2020가단545777
손해배상(기)
Text

1. The defendant's KRW 20,000,000 and about this, 5% per annum from August 6, 2020 to January 14, 2021 to the plaintiff.

Reasons

1. Basic facts

A. On November 26, 2008, the Plaintiff reported the marriage between C and C, and two children between C and C.

B. From around 2018, the Defendant, even though having knowledge of C’s spouse from around 2018, had a private person contact with C with C, or had a private person to contact with C.

(c)

On April 2018, the Plaintiff became aware of the relationship between C and the Defendant, and C and the Defendant decided not to meet with each other.

(d)

However, even after February 2020, the Defendant entered into a private teaching system with C around February 2020.

[Grounds for Recognition] Unsatisfy, Gap's statements or images, and the purport of the whole pleadings, in the absence of dispute, Gap's evidence Nos. 1 through 9 (including each number, if any)

2. Determination

A. In principle, a third party who suffered liability for damages by committing an unlawful act with the spouse, thereby infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201). According to the above acknowledged facts, the Defendant, even though he/she was aware that he/she is a spouse, has committed an unlawful act with C, thereby infringing on or interfering with the Plaintiff’s common life with C, is liable to compensate for mental suffering suffered by the Plaintiff.

B. The following circumstances revealed by each of the grounds for recognition prior to the scope of damages compensation, namely, the marriage period and family relationship between the Plaintiff and C, the content, duration and degree of the unlawful act committed by the Defendant and C, the influence on the Plaintiff’s common life of the married couple, the actions and attitudes of the Defendant and C after the act was revealed, and the contents of each written statement submitted by the original Defendant and the relevant parties in the instant lawsuit, shall be determined as KRW 20,000,000.

(c)

According to the theory of lawsuit, the defendant is about 20,000,000 won to the plaintiff and the defendant's illegal act.

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