손해배상(기)
1. The defendant's KRW 25,00,000 and its amount shall be 5% per annum from June 9, 2020 to October 23, 2020 to the plaintiff.
1. Facts of recognition;
A. On July 30, 1986, the Plaintiff has two children under the chain of law, who completed the marriage report with C on July 30, 1986
B. The Defendant continued to maintain a private-friendly relationship from around 2015 to around February 2020 after becoming aware of the business with C.
The defendant maintained a close relationship with C as above, and made a travel abroad several times, and made a sexual relationship several times.
[Ground of recognition] Facts without dispute, Gap's entries and images, and the purport of the whole pleadings, as well as Gap's evidence Nos. 1, 2, 5 through 15, 17, 18, 20 through 29 (including branch numbers, if any)
2. Determination as to the cause of action
(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 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, thereby causing mental pain to the spouse shall constitute a tort.
In addition, one side and the third party of both spouses.