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(영문) 전주지방법원 군산지원 2018.05.29 2017가단56436
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from December 13, 2017 to May 29, 2018.

Reasons

Facts of recognition

The plaintiff and C are legally married couple who completed the marriage report on September 29, 2003, and have three children among them.

C around August 15, 2017, through Internet shopping mall, the Defendant gifts his own social boom and female uniforms to the Defendant.

Defendant and C had been accommodated in the Dopelel of Sinsan on September 2017, but was discovered to the Plaintiff.

Even after the instant case, the Defendant continued to go with C, and was accommodated in C and EMoel located in Osan-si on February 2, 2018.

C is now in the present situation.

[Ground of recognition] Each description and image of Gap evidence Nos. 1 through 7 and 9, and each claim for the purport of the entire pleadings, shall be held liable to compensate for damages caused by the occurrence of a claim, and both spouses shall live together and support each other and cooperate with each other (Article 826 of the Civil Act). Husband and wife shall be liable to cooperate and cooperate with each other as a community combining mental, physical, and economicly combined with each other so that marriage as a marital community can be maintained, and shall have the right to cooperate with each other comprehensively.

As a matter of such duty of living together or the duty of maintaining marital life, married couple shall not engage in any unlawful act, and they shall bear the sexual duty of care.

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

On the other hand, a third party shall not interfere with a marital life falling under the essence of the marriage by intervening in a marital life of another person and causing a failure of the marital life. In principle, a third party's act of infringing on a marital life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the spouse's right thereto, thereby causing mental distress to the spouse.

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