beta
(영문) 춘천지방법원속초지원 2017.10.17 2016가단300454

손해배상(기)

Text

1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from May 18, 2016 to October 17, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the wife of C who reported the marriage with C on October 10, 202, and the defendant is the person who worked in the same workplace as C.

B. Around October 26, 2015, Defendant and C were aware of the Plaintiff’s studio as well as the studio sought by C.

(See Evidence A 7). (c)

On November 11, 2015, the Plaintiff asked C to enter into a gender relationship with the Defendant, and C was based on the fact that C entered into a gender relationship with the Defendant at least ten times from September 2015, 2015.

(See Evidence No. 8). (d)

Around April 6, 2016, the Defendant, at the Defendant’s home, was aware of the Plaintiff at the Plaintiff’s home, to the effect that the Defendant is remaining in the company.

(See Evidence Nos. 6). (See Evidence Nos. 6) / [Grounds for Recognition] without dispute, entry of Evidence Nos. 1 through 9, the purport of the whole pleadings.

2. The judged couple shall live together, and have the duty to support and cooperate with each other; and

(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 shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

Supreme Court on May 29, 2015

참조조문