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(영문) 전주지방법원 2017.06.27 2016가단25388
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from September 13, 2016 to June 27, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on November 2, 2006, and have two minor children among the two parties.

B. After having become aware of C around January 2016, the Defendant, despite being aware of the fact that C had a spouse, sent contact with C, telephone, text message, etc. almost several times every day from February 2016.

Accordingly, around May 2016, the Plaintiff suspected of committing C's illegal act, asked C to enforce the relationship with the Defendant, and C was released on May 7, 2016 in the course of disputing two people.

C. Since then C resided in the house for several months by leasing studio at the home, and the Defendant continued to reach C and C until the time of filing the instant lawsuit by the time of the Plaintiff’s filing of the lawsuit.

On September 30, 2016, the defendant found the plaintiff's house and requested the withdrawal of the lawsuit in this case by recognizing the error of the plaintiff's contact with C.

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings

2. Determination

A. 1) In a case where a third party commits an unlawful act with a husband or wife, the third party is liable to compensate for damages by infringing the husband or wife who is the other party to the case where the husband or wife has intentionally or negligently committed an unlawful act, and thus, the other party is liable to compensate for the mental suffering suffered by the other party (see, e.g., Supreme Court Decision 2010Meu79, Sept. 9, 2010). In addition, “illegal act by the spouse” under Article 840 subparag. 1 of the Civil Act is a larger concept that includes adultery, but does not reach the adultery, but includes any unlawful act that does not conform to the husband’s emotional duty (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 28, 2013). According to the above acknowledged facts, the Defendant is the spouse C.

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