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(영문) 서울동부지방법원 2019.04.18 2018가단117167
손해배상(기)
Text

The defendant's KRW 15,00,000 for the plaintiff and 5% per annum from May 31, 2018 to April 18, 2019.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who completed the marriage report on January 16, 2004 and has two children.

B. The Defendant became aware of C during the class around February 2018, as an instructor of the Rotterdam Private Teaching Institutes. From March 2018, the Defendant sent telephone calls or sent contact to Kakakao Stockholm from time to time, and visited C with C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as intervening in a marital life of another person and causing a failure of the married couple's communal life;

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 right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). The term “illegal act” in this context includes a broad concept, including the adultery, and includes any unlawful act that does not reach the common sense, but does not fulfill the duty of mutual assistance of both spouses, and whether it is an unlawful

(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.). According to the aforementioned facts, the Defendant, even though C’s spouse was aware of the existence of a spouse, committed an indecent act, such as talking with C, and doing so, thereby infringing upon and interfering with the common life of both the Plaintiff and C, thereby interfering with the maintenance thereof, and causing mental suffering to the Plaintiff, and thus, is liable to compensate for mental damage suffered by the Plaintiff.

B. The scope of damages.

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