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(영문) 수원지방법원 2020.11.19 2020가단532139
손해배상(기)
Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from June 17, 2020 to November 19, 2020 for the plaintiff.

Reasons

1. The plaintiff and C are legally married couple who reported their marriage on January 25, 1995 and have two children.

The Defendant, despite being aware of the existence of a spouse from the enemy to C, maintained improper relationships, such as loving with C while complying with C from the beginning of October 2018 to the end of April 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 and 4, the purport of the whole pleadings

2. Determination

A. 1) 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 the spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse, constitutes tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The term “unlawful act” in this case is a broad concept that includes adulterys and does not reach the adultery, but includes any unlawful act that does not conform to the husband’s emotional duty. Whether it constitutes an unlawful act or not shall be evaluated in consideration of the degree and circumstances of the specific case (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above recognized facts, the Defendant, even though being aware of the spouse’s emotional distress or interfere with the spouse’s right to the Plaintiff’s emotional distress and thereby maintaining the Plaintiff’s right.

B. The scope of damages is the marriage period and family relation of the Plaintiff and C, the content, period and degree of fraudulent act, the impact of the Defendant’s improper act on the Plaintiff’s marital life, and circumstances after fraudulent act.

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