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(영문) 인천지방법원 2020.11.10 2020가단226871
손해배상(기)
Text

The defendant's KRW 25,00,000 and its interest to the plaintiff are 5% per annum from May 19, 2020 to November 10, 2020.

Reasons

1. Facts of recognition;

A. From February 25, 2018, the Defendant and C commenced the teaching system, and C did not notify the Defendant on July 28, 2018 during the educational system, and completed the move-in report to the Plaintiff’s domicile, and lived with the Plaintiff from that time.

B. The Plaintiff and C completed the marriage report on September 25, 2019.

C. On October 14, 2019, the Defendant committed unlawful acts, such as having sexual intercourse, following the Defendant’s awareness of the fact that the Defendant was pro-Nam, even though having known of the fact that he was pro-Nam, by March 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 12, 14, 15, 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 201Meu2997 Decided November 20, 2014, etc.). According to the facts found earlier, the Defendant was found to have inflicted mental pain on the Plaintiff by committing an unlawful act with C, and thus, the Defendant is liable to compensate the Plaintiff for damages incurred therefrom.

Although the Defendant asserts that the Defendant is not liable for damages to the Defendant since continuing to meet the Defendant even after he became aware that C had come to know that it had come to the Vietnam was due to the reason that C’s active conference, patriotism, and litigation was fright to prevent the lawsuit, it is difficult to accept the Defendant’s assertion as it is.

B. The Plaintiff’s age, family relationship, and Plaintiff C’s liability

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