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(영문) 의정부지방법원 2017.11.30 2017나209854

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Occurrence of liability for damages;

(a) Husband and wife shall live together, and have the obligation 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 community life, which is the essence of the marriage, such as interfering with a couple’s community life by interfering with another person’s community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). B.

The facts that the plaintiff and C are legally married couple who completed the marriage report on August 17, 1993, and the defendant committed unlawful acts, such as having sexual intercourse with C around December 2015, even though they are aware that C had a spouse, can be acknowledged as either there is no dispute between the parties, or considering the overall purport of arguments as to Gap evidence Nos. 1 through 6 (including each serial number). Accordingly, according to the above recognized facts, according to the defendant's improper act, the plaintiff suffered considerable mental suffering.

Therefore, the defendant is obligated to pay a monetary reward for mental suffering suffered by the plaintiff.

As to this, the defendant is between the plaintiff and C.