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(영문) 서울남부지방법원 2017.01.10 2016가단233464

손해배상(기)

Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from August 20, 2016 to January 10, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on June 12, 2008, and have one child under the chain.

B. While being aware of the existence of a spouse C, the Defendant, a workplace partner, was aware of the fact that he/she had a spouse, and went to work together from May 2016 to July 2016, the Defendant went to work together or retired from the post, and divided the dialogue, such as “voluntary,” “I wish to report” and “I wish to report.”

[Reasons for Recognition] Facts without dispute, entry and video of Gap's 1 to 3, 6 through 10 (including each number), the purport of the whole pleadings

2. The defendant's judgment on the defendant's main defense of safety agreed that the plaintiff will not institute a lawsuit if he signs to the defendant at the time when the plaintiff prepares each letter (Evidence A No. 8) upon the plaintiff's request after the defendant's arrival of Mannam. The lawsuit of this case is in violation of the above sub-committee special agreement and is unlawful, but there is no evidence to acknowledge the defendant's assertion, and the defendant's main defense of safety is without merit.

3. Judgment on the ground of the plaintiff's claim

(a) Husband and wife who is responsible for the birth of loss shall live together and be responsible for supporting each other;

(Article 826 of the Civil Act). Husband and wife, as a community in which mental, physical, or economic combination is achieved, shall have the duty to cooperate and protect each other in a comprehensive manner so that marriage as a marital community is maintained, and shall have the right to such a duty.

As such, as the content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit any unlawful act.

If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.

On the other hand, a third party also intervene in a marital life of another person, causing the failure of a marital life.

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