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(영문) 수원지방법원 2018.06.28 2017가단525704
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from July 22, 2017 to June 28, 2018, and the following.

Reasons

Facts of recognition

On December 6, 2000, the plaintiff married with C and his children.

On November 2015, the defendant was present at the above drinking place and C was first present at around November 2015 when C is drinking D and alcohol.

C said, around that time, that it would be divorced from the Plaintiff to the people including D.

Since December 2015, the defendant started with C, and entered into a gender relationship with C, and also entered Jeju-do travel.

C On June 15, 2017, when making a telephone call with the Defendant, it stated to the effect that “not later than the time of the settlement of doubt,” “A man who knows that he was aware that he was to thrown away with his mind, and that he was not able to say that he was discarded in his mind when he thrown the home.”

The defendant and C arranged the relationship around July 2017.

[Ground of recognition] Each statement in Gap evidence Nos. 1 through 11 and 15, and a third party who is liable to compensate for damages, as a whole, shall not interfere with a married couple's communal living which is the essence of the marriage, such as intervention in a married couple's communal living, thereby causing the failure of a married couple'

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.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, it is reasonable to view that the Defendant committed an unlawful act with knowledge that C is a spouse, and thereby, the Defendant committed an act of infringing the Plaintiff’s communal living or interfering with the maintenance thereof, thereby causing serious mental pain to the Plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

The defendant's marital relationship between the plaintiff and C is regardless of the defendant.

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