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(영문) 의정부지방법원 고양지원 2018.04.05 2017가단81454
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the annual rate of KRW 5% from June 27, 2017 to April 5, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 24, 2011, the Plaintiff has two children under the chain of law, who completed a marriage report with C on February 24, 2011.

B. Around April 2017 to June 201 of the same year, the Defendant, despite being aware of the fact that he/she had his/her own child, maintained an inappropriate relationship with C, by giving and receiving a Kakakao Stockholm text message, suggesting that he/she is a fluent relationship among several times between around April 2017 and around June 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, video, purport of whole pleadings

2. Determination on the cause of the claim

A. A. 1) A third party’s liability for damages shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In this case, the term “unlawful act” in a broad concept that includes adultery, but does not reach the adultery, includes any unlawful act that does not comply with the marital duty, and whether it is an unlawful act, shall be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 8Meu28, Nov. 10, 1992; 206Da3268, supra.)

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