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(영문) 수원지방법원 안양지원 2018.07.20 2018가단101824
위자료
Text

1. The defendant shall pay to the plaintiff KRW 15 million, and 5% per annum from February 22, 2018 to July 20, 2018, and 0% from the next day.

Reasons

1. Facts of recognition;

A. On August 27, 2008, the Plaintiff and C have three children under the chain of law, who completed the marriage report on August 27, 2008.

B. On October 2016, the Defendant became aware of C around 2016, and C, despite being aware of the fact that C is the father-Nam, received letters such as love until June 2017, and maintained an inappropriate relationship, such as having sexual intercourse.

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings, as to Gap's evidence Nos. 1 through 3, 5, 6

2. Determination on the cause of the claim

A. A. 1) A third party’s liability for damages 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. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). “Cheating” in this case constitutes tort in principle (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 201). “Cheating” is a broad concept that includes adultery, but does not reach the adultery, but is not faithful to the husband’s duty of good faith, and whether a third party committed an unlawful act is determined by considering the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 19882).

B. The Defendant is liable for damages.

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