(영문) 전주지방법원 2018.12.20 2018가단19363

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(영문) 전주지방법원 2018.12.20 2018가단19363

손해배상(기)

Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from August 21, 2018 to December 20, 2018 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

(a) Husband and wife shall bear the duty of living together or maintenance of common life of the husband and wife, and the husband and wife shall bear the sexual good faith that the husband and wife should not commit any unlawful act, and in case where either husband and wife has committed any unlawful act, the husband and wife shall be liable for damages caused by tort against the mental suffering which the spouse sustained;

On the other hand, a third party shall not interfere with a marital life equivalent to the essence of the marriage by intervening in a marital life of another person and causing the failure of the marital life. The third party's act of infringing on the marital life falling under the essence of the marriage by committing an unlawful act with the either side of the married couple, or interfering with the maintenance thereof, and infringing on the right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.

B. According to the purport of Gap evidence Nos. 1 through 10 and the entire arguments, the plaintiff is a married couple who completed a marriage report on December 16, 1986, and the defendant, around 2009, had been employed as an employee at a restaurant operated by the plaintiff and had been well aware of the marital relationship between the plaintiff and C while maintaining the marital relationship with C from around 201. Thus, the defendant can be deemed to have inflicted mental pain on the plaintiff due to the above unlawful act with C, and thus, is liable for tort liability.

2. Amount of consolation money; and

A. In full view of the various circumstances indicated in the pleadings of the instant case, including the period of marriage between the Plaintiff and C, the period during which the act of misconduct exists between the Defendant and C, the relationship between the Plaintiff and the Defendant, and the Defendant, and the marital relationship between the Plaintiff and C, which are the main cause of the act of misconduct between the Defendant and C, and it is deemed that the marital relationship between the Plaintiff and C did not reach the divorce,

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