logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.05 2015가단243563
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from January 5, 2016 to July 5, 2016.

Reasons

1. Facts of recognition;

A. On November 15, 2006, the Plaintiff and C were legally married couple who completed the marriage report, and they were divorced on November 4, 2015, and two children under the chain.

B. The Defendant, despite being aware of the existence of a spouse, has maintained internal relations by giving and receiving frequently contact from around 2012, using the name “self” or exchanging a sexual relationship with the word “self” with the Defendant.

C. After the Plaintiff became aware of the internal relationship with the Defendant, on June 9, 2015, the Defendant prepared a letter stating that “I would not call any person who is the column C again” to the Plaintiff. D.

The Plaintiff and C agreed that the Plaintiff did not claim consolation money against C in addition to the division of property, while the agreement is married.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 7 (including each number), the purport of the whole pleadings

2. Determination

(a) Husband and wife who is responsible for the birth of loss shall live together and be responsible for supporting 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 causing a failure of a couple's community life.

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

arrow