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(영문) 수원지방법원 2015.08.18 2015가단110627
손해배상(기)
Text

1. The Defendant’s KRW 3,500,000 and the Plaintiff’s annual rate of KRW 5% from April 30, 2015 to August 18, 2015.

Reasons

1. Basic facts

A. On June 26, 1985, the Plaintiff completed the marriage report with C on June 26, 1985, and had 1 South and North son’s children between C and C.

B. (1) The Plaintiff filed a divorce lawsuit with the Seoul Family Court 2013Dhap3729, and was sentenced to a judgment on October 16, 2014 by the above court. The above court recognized the fact that, on the grounds of the judgment, C sent a closely-friendly telephone call with the Defendant, who is an employee of the Plaintiff operated by C, for more than one year, and recognized the fact that C committed an unlawful act with the Defendant, etc. in the course of dialogue with the Plaintiff, and that the Plaintiff prepared and delivered a written statement stating that “all male relations shall be liquidated and returned to home.”

(2) The Seoul High Court appealed as Seoul High Court No. 2014Reu2686, but the said court dismissed the appeal on April 29, 2015, and the said judgment became final and conclusive on May 22, 2015.

C. The Plaintiff filed a complaint with the Defendant as a crime of adultery, but the Prosecutor D of the Seoul East District Prosecutors’ Office (hereinafter “Seoul East District Prosecutors’ Office”) rendered a disposition of non-guilty (Evidence of Evidence) on December 11, 2012.

On the other hand, C sent 260 calls to the Defendant from June 27, 2012 to March 25, 2013.

Grounds for recognition: Gap 1-4, 6, Eul 1 (including the number with each number), and the whole purport of the pleading.

2. Determination

A. The plaintiff's assertion that the defendant committed an unlawful act with C, who is the plaintiff's wife, and caused the failure of the marital relationship between C and C, so the plaintiff shall pay consolation money of KRW 50 million and delay damages to the plaintiff.

B. 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 the failure of a married couple’s community life.

A third party who commits an unlawful act with either side of the couple, thereby infringing on or impeding the maintenance of a marital life corresponding to the essence of marriage, and infringing on the right as the spouse.

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