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(영문) 서울동부지방법원 2016.05.13 2015가단123055

손해배상(기)

Text

1. The Defendant’s KRW 3,00,000 and the Plaintiff’s annual rate of KRW 5% from October 14, 2015 to May 13, 2016.

Reasons

Basic Facts

Comprehensively taking account of the respective descriptions of Gap 1-3 and 5 and the overall purport of Gap 4-1-4 and the arguments, the plaintiff is a legally married couple who completed the marriage report with C on March 25, 2011, and the unmarried defendant came to know with C and Lee Sung-sung after he/she became aware of his/her introduction around May 2015. During that process, the defendant put C into the front seat of the driver's seat and marked C with an accelerator a cellular phone with an accelerator, and the defendant marks C's cell phone with an accelerator. The defendant marks C's image that he/she was known to the defendant, and the defendant and C sent the Kaoo-mail message several times a day from July 22, 2015 to July 24, 2015.

The plaintiff's assertion is the cause of the claim of this case. The defendant is obligated to pay 30 million won as consolation money as a result, since he committed an unlawful act by the method of sexual intercourse with C, knowing that C is the father-Nam.

As to this, the Defendant began to return to the Republic of Korea after C was unaware of whether it was father-Nam, and thereafter, C was no longer known from the early July 2015 when C was aware that it was father-Nam, so the Defendant did not have any intention or negligence on the part of the Plaintiff and C’s failure of marriage or infringement of the Plaintiff’s spouse’s right.

Judgment

As the contents of the husband and wife’s duty of living together or the duty of maintaining both spouses’ common living, the husband and wife bears the sexual duty of care that should not engage in any unlawful act. Accordingly, if one of the husband and wife commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Act. The husband and wife is liable to compensate for damages caused by a tort against mental suffering suffered by the spouse. The third party also participates in the husband and wife’s common living, thereby causing failure of the husband and wife’s common living, etc., which corresponds to the nature of

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