손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff and C are legally married couple who completed the marriage report on April 4, 2014.
B. C and the Defendant were in common knowledge, and they exchanged with each other through SNS, and together took hand or potterate each other in a limited place.
[Ground for Recognition: Facts without dispute, entry of evidence No. 1, testimony of witness C, purport of whole pleadings]
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the defendant maintained improper relations with C even though he/she was aware of his/her spouse's existence, and the defendant is responsible for compensating the plaintiff for damages incurred thereby.
B. (1) Husband and wife of the relevant legal doctrine is obligated to live together and provide mutual support and cooperation.
(Article 826 of the Civil Act). Husband and wife, as a community which is mentally or physically combined, shall have the obligation to cooperate comprehensively with one another in order to maintain marriage as a marital community, and shall have the right to such obligation.
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.
Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.
On the other hand, a third party shall not interfere with a married couple’s communal living which is equivalent to the nature of the marriage, such as intervening in a marital life of another person and causing the failure of the marital life.
In principle, a third party's act of infringing on a marital life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse, thereby causing mental pain to the spouse.