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(영문) 대구지방법원김천지원 2019.04.25 2018가단34533
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as the annual rate of KRW 5% from November 16, 2018 to April 25, 2019 to the Plaintiff, and the following.

Reasons

1. The plaintiff and C are legally married couple who completed the marriage report on January 28, 1995.

around June 2016, the Defendant became aware of C while working as an employee of the restaurant operated by the Plaintiff and C, and was aware of C’s spouse from that time.

The Defendant has established a non-humanity relationship with C, such as spawnizing the Seoul travel with C or having sexual intercourse between August 2017 and February 2018.

On March 19, 2018, the Plaintiff filed a divorce lawsuit against C as the Daegu Family Court Kimcheon-Support 2018Dhap10030, and the said divorce lawsuit was concluded on September 15, 2018 as the Plaintiff’s withdrawal of the lawsuit.

[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 9, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant committed an unlawful act with C and C, the spouse of the plaintiff, and the marital relationship with C, which caused mental distress. Since the plaintiff suffered mental distress, the defendant is liable to pay consolation money of KRW 50,000,000 and delay damages to the plaintiff as compensation for damages caused by such unlawful act.

3. The judgment-making third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a couple'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, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the foregoing legal doctrine, according to the health team and the above facts of recognition as to the instant case, the Defendant maintained an inappropriate relationship with C between August 2017 and February 2018, and committed an act infringing upon and impeding the maintenance of the marital community between the Plaintiff and C, and the aforementioned act.

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