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(영문) 의정부지방법원 2017.12.19 2017가단101317
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 7, 2017 to December 19, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report on January 8, 1981 with C and two children of full age under the chain.

B. As C and elementary school windows, the Defendant, despite being aware of the fact that C was protruding from January 2016 to October 2016, maintained inappropriate relations, such as having a sexual relationship, by frequently exchanging contact through a mobile phone text message or telephone, and maintaining such inappropriate relationship.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 8-6 of evidence 1-6, video, purport of whole pleadings

2. Determination as to the cause of action

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). Although it did not reach the gap, it includes any unlawful act that does not comply with the husband’s duty of good faith, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 1988; 202.).

(b).

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