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(영문) 대구지방법원 김천지원 2018.10.25 2018가단33684
손해배상(기)
Text

1. The Defendant’s KRW 31,00,000 and the Plaintiff’s annual rate of KRW 5% from September 1, 2017 to October 25, 2018.

Reasons

1. Facts of recognition;

A. On January 24, 2008, the Plaintiff has two children under the chain of law as a husband and wife who completed the marriage report on January 24, 2008.

B. The Defendant maintained inappropriate relations, such as sexual intercourse in a vehicle from the end of 2016 to September 1, 2017, even though C was aware of the fact that C is a father/son.

C. Around October 2017, the Defendant’s spouse: (a) known the Defendant and C’s wrongful act and filed a claim for damages against C ( Daegu District Court Decision 2017Da34703, hereinafter “relevant case”); and (b) the Plaintiff became aware of C’s wrongful act while receiving the complaint of the relevant case.

C did not dispute related cases, and 31,000,000 won of D’s claim was fully accepted, and C paid 36,245,454 won by adding litigation costs to D.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, that does not reach the common sense, but does not reach the common sense, and includes any unlawful act that does not fulfill the duty of mutual assistance of both spouses, and whether it is an unlawful act or not, depending on the specific case, shall be considered in light of the degree and situation.

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