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(영문) 서울남부지방법원 2018.02.06 2017가단216954
손해배상(기)
Text

1. Defendant B’s KRW 30,000,000 as well as 5% per annum from March 31, 2017 to February 6, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed a marriage report with Defendant B on July 12, 2011.

B. From August 201 to April 4, 201, the Plaintiff was sent back to the university located in the U.S.T., and Defendant B sent a distance to complete each doctorate course at the university located in the U.S. S. Twitz., and had other cities or foreign travel with the weekends, vacations, etc.

C. Defendant C and Defendant C, who were in the same university’s doctoral degree, maintained a tobacco relationship from November 2013, and the Defendants continued to travel together with Defendant C, who was on July 2016, on the end of January 2017, and on the end of March 2017.

After completing each doctor’s degree course, the Plaintiff and Defendant B returned to Korea on August 2015 and around August 2016, but their respective places of work are located in different cities located far away from their respective places of work, as well as Defendant B demanded the Plaintiff from immediately after their return to Korea, refused the Plaintiff’s visit or living, and were selected for most of the periods after their return to Korea.

[Ground of recognition] Facts without dispute, Gap 3 through 8 (including paper numbers), the purport of the whole pleadings

2. The couple in the judgment on the claim against the defendant B shall live together and have the duty 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 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.

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.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above facts of recognition, Defendant B is a party.

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