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(영문) 서울동부지방법원 2020.07.16 2019가단155449
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as annual 5% from December 6, 2019 to July 16, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who has a legal marital relationship with C on November 21, 2014 when filing a marriage report.

B. On November 2018, the Defendant: (a) developed C in the form of a hyp relationship with a customer; (b) continued to engage in conversations and in the form of a hyp relationship; and (c) committed unlawful acts, such as sexual intercourse.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. 1) A third party’s liability for damages does not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of the couple’s communal living. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple. A third party’s act of infringing or maintaining a couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple’s husband and wife, thereby interfering with the maintenance of a couple’s communal living and his/her rights as his/her spouse, and thereby infringing upon the spouse’s rights as his/her spouse, constitutes a tort in principle (see Supreme Court en banc Decision 201Meu297, Nov. 20, 201). According to the above acknowledged facts, the Defendant is liable to compensate for emotional distress suffered by the Plaintiff as a tort. As such, the Defendant asserted that the marital relationship between C and C had already been filed at the time of the above submission of evidence.

B. The scope of the liability for damages and the amount of consolation money that the Defendant is liable to compensate is health team, the period of marital life, family relationship, the Plaintiff and C’s present state, and the Defendant C.

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