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(영문) 의정부지방법원 2017.07.20 2016나60014
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. Judgment of the court of first instance is delivered with Paragraph (1).

Reasons

1. Occurrence of liability for damages;

(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.

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.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

In addition, tort liability borne by either spouse and the third party is jointly and severally liable as joint tort liability.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). B.

The facts that the Plaintiff and Defendant B were legally married couple who completed the marriage report on January 6, 1989, and the facts that Defendant C committed unlawful acts, such as having sexual intercourse with Defendant B around June 2013 with the knowledge that Defendant B had a spouse, can be acknowledged in full view of the overall purport of the pleadings as follows: (a) there is no dispute between the parties; or (b) there is considerable mental suffering due to the Defendants’ unlawful acts.

Therefore, the defendants are mentally disabled.

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