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(영문) 서울서부지방법원 2016.11.24 2016가단219535
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 and the Plaintiff’s annual rate of KRW 5% from May 27, 2016 to November 24, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed a marriage report with C on October 24, 2005, and two children were generated between C and C.

B. From November 2012, the Defendant had been aware that C is a spouse, and had maintained an internal relationship.

C. On June 28, 2015, the Defendant sent to the Plaintiff a textbook stating that “Isle, Isle, Isle’s husband?” and sent several times from around that time to May 2016, i.e., “Isle, Isle, Isle, Isle,” which read “Isle, Isle, Isle,” which read “Isle, Isle, Isle,” and made a statement about C’s external appearance by phone on the new wall on May 3, 2016. On May 23:34, 2016, I tried to make a statement about C and Defendant’s misconduct at C’s civil petition bulletin board of the company’s civil petition.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 10 (including provisional number), the purport of the whole pleadings

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 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 who commits an unlawful act with one side of the married couple, thereby infringing on or maintaining a common life of the married couple corresponding to the essence of marriage.

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