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(영문) 수원지방법원여주지원 2020.10.27 2020가단53977
손해배상(기)
Text

The defendant's KRW 7,00,000 and its interest to the plaintiff shall be 5% per annum from June 18, 2020 to October 27, 2020.

Reasons

In fact, the plaintiff and C are legally married couple who completed the marriage report on October 8, 2014, and two children (the birth in 2015, 2017) between them.

On June 2014, the Plaintiff and the Defendant came to know while receiving the education of the Army Noncommissioned Officers, and even thereafter, they come to close to their families.

At least from the time of 2019 to April 2020, the Defendant committed an unlawful act with C while being aware that C has a spouse.

[Based on recognition] A-1-4 evidence, and a third party who is liable to compensate for damages as to the cause of a claim for the whole purport of the pleadings by committing an unlawful act with either side of the married couple, thereby infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on his/her rights as the spouse, thereby causing mental suffering to the spouse, in principle, constitutes tort.

In addition, the term "unlawful act" is a wider concept including the sexual intercourse, but not yet included in the sexual intercourse, any unlawful act that does not reach the marital relationship but does not comply with the marital duty of the husband and wife, and whether it is an unlawful act or not should be evaluated in consideration of the degree and circumstances of the specific case.

2) According to the above facts, the defendant, even though he is aware that he is a spouse of C, infringed upon the plaintiff's community life or interfered with the maintenance thereof by committing an unlawful act with C, and thereby inflicted mental pain on the plaintiff, is liable for compensation for mental damage suffered by the plaintiff. The scope of compensation for damage, the marriage period and family relationship of the plaintiff C, and the details of unlawful act committed by the defendant and C (in accordance with the evidence submitted by the plaintiff, it is recognized that the defendant committed a fraudulent act with C, but it is recognized that he committed a fraudulent act, other than having given and received telephone conversations and message or received several times.

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