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(영문) 서울중앙지방법원 2020.08.14 2019가단5287058
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from December 13, 2019 to August 14, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2018, the Plaintiff has one child under the chain of law as a husband and wife who completed a marriage report with C on August 31, 2018.

B. Around April 2016, the Defendant became aware of C, and at the time C was working in the Flaice Center as a health twitner, and the Defendant received personal t bargaining from C.

On the other hand, at that time, the plaintiff, who was a female-friendly district of C, became aware of the defendant while putting up a letter of self-introduction prepared by the defendant in the process of preparing employment, and thereafter, the plaintiff and the defendant exchanged the contact with each other.

C. Before filing a marriage report, the Plaintiff and C had directors in Jeju-do and resided in Jeju-do, and around August 2019, the Defendant visited Jeju-do, and around August 29, 2019, the Defendant visited the Plaintiff and C’s house located in Jeju-do and sent time together with the Plaintiff, Plaintiff, and C’s children.

On the other hand, the defendant, around April 2016, has made contact with C and has brought to Korea. On August 31, 2019, the defendant had sexual intercourse with C and had sexual intercourse with C (on September 1, 2019, after that date, sent time together with the plaintiff) and even after that date, maintained the relationship with C.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 23, 28 to 31, Eul evidence 1 and the purport of the whole pleadings

2. Determination as to the cause of action

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

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.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014).

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