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(영문) 울산지방법원 2017.10.20 2017가단55680
손해배상(기)
Text

1. The Defendant’s KRW 8,00,000 as well as 5% per annum from April 25, 2017 to October 20, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on June 3, 1999, and has a minor child of one male and female between C and C.

B. Around January 2015, the Defendant maintained a liaison at any time with C, an elementary school’s alumni meeting, having a sexual intercourse at an elementary school, and giving and receiving text messages, etc., and C was going to work together with the Defendant’s home, and she also went to the telecom.

C. After the Plaintiff became aware of the relationship between the Defendant and C, on April 18, 2017, the Defendant, recognizing that he maintained an inappropriate relationship with C with the Plaintiff, prepared a letter of intent not to meet C.

[Grounds for Recognition] Unsatisfy, entry and video of Gap evidence 1 to 12, the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on or interfering with a married couple’s communal life falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, by committing an unlawful act with the spouse, constitutes a tort (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) According to the above recognized evidence, the defendant can be recognized as having been aware that C is a legally spouse, even though he/she is well aware that he/she is a legally spouse.

As a result, the defendant violated the plaintiff's marital life or interfered with the maintenance thereof, and caused mental suffering to the plaintiff by infringing the plaintiff's spouse's right as his spouse, and thus, he is liable to compensate for mental suffering suffered by the plaintiff in monetary form

B. As to the Defendant’s assertion, the Defendant: (a) was forced to gather the Defendant, who was drunk after a meeting of an elementary school alumni association, and (b) subsequently, C continued to meet with the Defendant and had been only several times regardless of the Defendant’s will.

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