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(영문) 인천지방법원 2020.11.20 2020가단257387
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from September 18, 2019 to November 20, 2020, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiff and C have both the Plaintiff and C have both adult children in around 1990. 2) The Plaintiff and C have both adult children.

B. C and the Defendant’s wrongful act 1) At the time when C was a public official of the office of education of Incheon Metropolitan City as a member of the D Team, C became aware of solar high schools in Incheon Metropolitan City. 2) The Defendant, knowing that C had a spouse, entered into an unlawful relationship with C, such as having knowledge of the fact that C had a spouse.

(hereinafter referred to as “instant wrongful act”). [The grounds for recognition] The fact that there is no dispute, each entry in Gap’s evidence Nos. 1 through 4 (including paper numbers), and the purport of the whole pleadings.

2. Establishment of liability for damages;

A. Husband and wife of the relevant legal doctrine is obligated to live together and support and cooperate with each other.

(Article 826 of the Civil Act). Husband and wife, as a community which is mentally or physically combined, shall have the obligation to cooperate comprehensively with one another in order to maintain marriage as a marital community, and shall have the right to such obligation.

As such, as the duty of living together or the duty of maintaining common life of both spouses and wife, married couple assume the sexual duty of care that they should not engage in any unlawful act.

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 married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.

In principle, a third party's act of infringing on a couple's common life corresponding to the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse by committing an unlawful act with either side of the married couple, thereby causing mental pain to the spouse.

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