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(영문) 춘천지방법원 2018.10.25 2018가단53715

위자료등

Text

1. The Plaintiff’s KRW 15,00,000 to the Defendant and its related KRW 5% per annum from September 13, 2017 to October 25, 2018.

Reasons

1. Basic facts

A. On March 12, 2012, the Plaintiff is a legally married couple who completed a marriage report with C, and has children D and E.

B. The Defendant, who was employed by C in March 2017, has been aware of the fact that C had a spouse through marriage, with C’s awareness of the fact that C had a spouse, maintained the relationship between C and C at one’s own house on several occasions, including: (a) 10, June 17, 2016; and (b) 14.

C. On February 6, 2018, the Plaintiff filed a claim for divorce, etc. against the Defendant and C with the Chuncheon District Court 2017ddan6249, but decided to resume the married life of C and C, and then withdrawn the lawsuit against C on February 6, 2018. The lawsuit against the Defendant was transferred to the civil tribunal thereafter.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 7 through 10 (including paper numbers), witness F's testimony, the purport of the whole pleadings

2. Determination:

(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.

The "Cheating" here is a broad concept, including the adultery, which does not reach the gap, but includes all unlawful acts that do not fulfill the duty of mutual assistance of the couple. If one of the married couple commits an unlawful act, the other spouse is liable to compensate for the mental suffering suffered by the spouse.

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.

A third party has committed a fraudulent act with either side of the married couple.

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