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(영문) 인천지방법원 2021.03.23 2020나57274
손해배상(기)
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and the appeal.

Reasons

1. Facts of recognition;

A. The plaintiff and C have two children under the chain of marriage in 2009.

The defendant was also a spouse with C's past work bonus, and the defendant was also a spouse.

B. On September 2017, C retired from the workplace with the Defendant, and the Defendant gradually became a close-friendly relationship with C around December 2017, when communicating with C around December 2017.

In 2018, the Defendant, while knowing that he had a spouse, conspiredd with C in around 2018, maintained improper relations, such as having met with Plaintiff C several times during that period, or giving and receiving text messages.

(c)

On December 2018, the plaintiff became aware of the relationship between C and the defendant through the defendant's spouse, and this resulted in a serious conflict with C.

(d)

In December 3, 2018, Plaintiff and C filed an application with the court for confirmation of intention of divorce by agreement. However, the above case was concluded as withdrawal on March 4, 2019 (the Incheon Family Court 2018 Family Court 2018 Family Court 8101), and Plaintiff and C live in the same house without divorce.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3-1 through 4, 4, 5, Eul evidence Nos. 1, 2 and 4, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The third party of the relevant legal doctrine does not interfere with a married couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person and causing the failure of a couple’s community life. The third party’s act of infringing on or interfering with a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple and thereby infringing on the spouse’s right as the spouse and thereby causing emotional distress to the spouse (see, e.g., Supreme Court Decision 201Meu2997, Nov. 20, 2014). The term “unlawful act” in this context includes a wider concept including the adultery, and includes any unlawful act that does not comply with the husband’s duty of good faith (see Supreme Court Decision 201Da2997, Nov. 20, 201)

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