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(영문) 제주지방법원 2020.04.14 2019나12657
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Occurrence of liability for damages;

A. The plaintiff and C are married couple who completed the marriage report on October 29, 1998.

(C) The Defendant committed an unlawful act by entering into a marital relationship with C from July 2017, knowing that C was married.

[A] Evidence of heading 1 through 12, including each number; hereinafter the same shall apply

) Each entry, recording, and documentary evidence Nos. 3, 7, 8, and 11, which are contrary to the above recognition, are recognized by the purport of the entire pleadings, and are not believed to be written in the evidence Nos. 3, 7, 8, and 11, which are contrary to the above recognition. [The defendant alleged that the defendant has frequently contacted or met with the lending of money to C, and that there was no fact that he had been in an internal relationship with C. However, as to whether the defendant lent money to C, it is not sufficient to accept the evidence Nos. 1, 3, 5, 6, 10, and 11, and even if the defendant lent money to C, it is not impossible to match the fact that such circumstance had been in an internal relationship with the defendant even if the defendant lent money to C. Furthermore, considering the frequency of telephone calls and dialogues between the defendant and C, which are known by the evidence mentioned above.]

B. In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse constitutes tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Since it is apparent in light of the empirical rule that the Defendant caused severe mental pain to the Plaintiff by committing an unlawful act with C, the Defendant is obliged to pay consolation money in an appropriate amount to the Plaintiff.

2. The content, period, and degree of fraudulent act within the scope of liability for damages, the marriage period and family relationship between the plaintiff and C, and the fraudulent act are marital life between the plaintiff and C.

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