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(영문) 전주지방법원 2018.10.11 2018가단11789
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from May 19, 2018 to October 11, 2018 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

(a) Husband and wife shall bear the duty of living together or maintenance of common life of the husband and wife, and the husband and wife shall bear the sexual good faith that the husband and wife should not commit any unlawful act, and in case where either husband and wife has committed any unlawful act, the husband and wife shall be liable for damages caused by tort against the mental suffering which the spouse sustained;

On the other hand, a third party shall not interfere with a marital life equivalent to the essence of the marriage by intervening in a marital life of another person and causing the failure of the marital life. The third party's act of infringing on the marital life falling under the essence of the marriage by committing an unlawful act with the either side of the married couple, or interfering with the maintenance thereof, and infringing on the right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.

B. According to the overall purport of evidence Nos. 1 and 2-1, 2, 3, and 4 as well as the overall purport of oral arguments, the plaintiff is a married couple who completed the marriage report on December 29, 2016 with C and C, and the defendant knew with C’s university motive and knew of the marital relationship with C, and knew of C’s marital relationship, he received and sent a message containing “I would like to report” and “I would like to know” around January 2018, and sent time by entering C and one’s own house. According to the above facts, it can be sufficiently inferred that there was an unlawful act between C and C, and the defendant can be viewed as having inflicted mental pain on the plaintiff due to such unlawful act with C, and thus, he bears liability for tort.

2. Amount of consolation money; and

A. The period of marriage between the Plaintiff and C, and the marital relationship between the Plaintiff and C are not yet reached the divorce, and it seems that the failure was actually caused by the act of misconduct between the Defendant and C in this case, etc.

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