beta
(영문) 부산지방법원동부지원 2017.10.18 2017가단201325

손해배상(기)

Text

1. The Defendant: (a) KRW 40 million and the Plaintiff’s 5% per annum from February 8, 2017 to October 18, 2017.

Reasons

1. Facts of recognition;

A. On February 1, 200, the Plaintiff has two children under the law, who completed the marriage report with C on February 1, 200.

B. Since the Defendant came to know of C around February 2016, the Defendant continued to have a sexual relationship with C over several times from May 2016.

C. Around September 24, 2016, around September 24, 2016, C drafted a letter to the Plaintiff, who became aware of the relationship with the Defendant, to recognize the fact of the relationship with the Defendant and to adjust the relationship with the Defendant later.

The defendant and C continued to meet with South and North Korea, and even talked with each other in order to confirm love with each other through text messages, etc.

E. Upon the filing of the instant lawsuit, the Defendant sent to the Plaintiff a photo or a letter penbook with C, which was marked together with C, the Defendant sent the Plaintiff’s body blick paper.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence 1 to 13, purport of whole pleading

2. Determination

(a) The husband or wife of a liability for damages shall live together and have the duty to support and cooperate with 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 shall not interfere with a married couple’s communal living falling under the essence of the marriage, such as interfering with a couple’s communal living by causing a failure of the couple’s communal living.

One side of the married couple.

참조조문