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(영문) 수원지방법원 2020.09.25 2020가단524299
손해배상 등 청구
Text

The Defendants jointly share KRW 25,00,000 with the Plaintiff as well as 5% per annum from May 22, 2020 to September 25, 2020.

Reasons

1. Facts of recognition;

A. On February 14, 2005, the Plaintiff reported marriage with Defendant B, and two children (the 2004 students and the 2010 students) between Defendant B and Defendant B.

B. From around 2019, Defendant C conspired with Defendant B with awareness that he/she is a spouse of Defendant B.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, and 8, Gap evidence Nos. 4 and 7, the purport of the whole pleadings

2. Determination

A. The husband and wife is obligated to live together and support each other and cooperate (Article 826 of the Civil Act). Husband and wife is obligated to cooperate and protect each other as a community combining mental, physical, and economicly combined with each other to maintain marriage as a common life of the husband and wife, and has the right to comprehensively cooperate therewith. As a matter of principle, the husband and wife is obligated to maintain a common life of the husband and wife. If either husband and wife commits an unlawful act, one of the husband and wife is obliged to compensate for mental distress suffered by the spouse. Meanwhile, a third party shall not interfere with a common life of the husband and wife falling under the essence of the marriage by interfering with the other spouse’s common life by causing the failure of the husband and wife’s common life. In addition, a third party’s act of infringing on the husband and wife’s common life falling under the essence of marriage and infringing on the spouse’s right as the spouse’s common life, and a joint and several liability between the husband and the third party is established as one joint and several liability for tort (see, e.g., Supreme Court Decision 2015Meu214.

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