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(영문) 수원지방법원 안산지원 2021.01.15 2020가단82706
손해배상(기)
Text

The defendant's KRW 15,00,000 and its relation to the plaintiff shall be 5% per annum from September 8, 2020 to January 15, 2021.

Reasons

1. Facts of recognition;

A. On June 10, 201, the Plaintiff is a legally married couple who completed the elimination of interference with C on June 10, 201, and has two children.

B. Around June 2020, the Defendant began to teach with C, and maintained internal relations until August 2020 by establishing a sex relationship.

[Grounds for Recognition] Unsatisfy, each entry or video of Gap 1 through 11 (including branch numbers) and the purport of the whole pleadings

2. Determination as to the cause of claim

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

In principle, a third party’s act of infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on his/her spouse’s rights as his/her spouse, thereby causing mental pain to the spouse constitutes a tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). In this case, the term “unlawful act” is a broad concept that includes the adultery, and it includes any and all unlawful acts that do not reach the common life of the couple, but do not follow the husband’s duty of good faith. Whether it is an unlawful act or not shall be assessed in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above recognized facts, the Defendant, despite being aware of the marital relationship with the Plaintiff, has infringed upon the Plaintiff’s right to the Plaintiff’s mental suffering and maintained the Plaintiff’s right.

B. The evidence and the purport of the whole theory as seen earlier prior to the scope of the liability for damages are revealed.

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