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(영문) 울산지방법원 2018.11.14 2018가단10981
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from June 20, 2018 to November 14, 2018 to the Plaintiff.

Reasons

1. 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 combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other, 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.

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 Supreme Court Decision 2013Meu2441 Decided May 29, 2015). Meanwhile, a third party shall not interfere with a married couple’s community life, which falls under the essence of the marriage, by participating in a married couple’s community life, thereby causing the failure of the married couple’s community.

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 right as the spouse, thereby causing mental pain to the spouse, by committing an unlawful act with the spouse, constitutes a tort under the Civil Act.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). 2. The following facts, other than macro-Evidence, are neither disputed nor recognized as the purport of all pleadings.

The plaintiff completed the marriage report with C on December 1, 1995.

Children are D(E) and F(G).

B. The defendant recognizes that C has passed since 2003.

[Written Answer] According to Gap evidence No. 8-2, the defendant is recognized to have been well aware that C was a son at the time.

C Around February 26, 2012, and January 2013, 2013, throughout two times, the Defendant and the her mother to take a fluence of the head of sexual intercourse.

The time of photographing is accurate is as follows:

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