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(영문) 대전지방법원 2019.04.02 2018나108412
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on March 2, 1993, and have one female under the chain.

B. The Defendant knew that C had a spouse, and committed an unlawful act with C, such as engaging in a sexual intercourse with C from July 2016 to October 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, or the purport of the whole pleadings

2. Determination

A. A. A third party’s liability for damages caused by an unlawful act shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life of others and causing the failure of the married couple’s community life. A third party’s act of infringing a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, or interfering with the maintenance thereof, and infringing a spouse’s right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). According to the above acknowledged facts, the Defendant, even though having knowledge of the existence of a spouse, committed an unlawful act, such as committing a sexual intercourse with C, thereby impairing or hindering a married couple’s community life falling under the essence of marriage and infringing the Plaintiff’s right as the spouse

(1) The defendant asserts that there is no obligation to pay consolation money since the marital relationship between the plaintiff and C does not reach a failure, but as long as the spouse suffered mental distress through an unlawful act with the spouse, the defendant is liable to pay consolation money even if the marital relationship does not reach a failure due to such act.

The plaintiff is liable for damages caused by defamation, and the defendant found the church accompanying the plaintiff and the other members of the church "C is a common sense of marriage."

C took note of C'B.

C will live in two years.

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