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(영문) 서울중앙지방법원 2020.06.19 2019가단5120438
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from June 12, 2019 to June 19, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 27, 2016, the Plaintiff has one child under the chain of law as a husband and wife who completed a marriage report with C on January 27, 2016.

B. Around August 2018, the Defendant sent C with the introduction of a friendship club. At the time, at the time, he was unaware of C’s spouse.

C. Since then, the Defendant came to know that he is a spouse of C while continuing to meet with C. After that, around February 13, 2019, the Defendant heard from the Plaintiff who found the Defendant’s house to the effect that C and the Plaintiff were born for about 100 days since the birth between C and the Plaintiff, and talked that C will not meet the Plaintiff again.

From March 1, 2019, the Plaintiff visited the Defendant’s house on March 1, 2019. On the same day, the Plaintiff, the Plaintiff’s mother and C’s mother were found as the Defendant’s house, and the Defendant raised an objection against the Defendant’s Mannam, etc.

In this regard, the defendant filed a complaint against the plaintiff as a crime of intimidation, and C's mother-friendly DNA as a crime of insult. The prosecutor belonging to the Seoul Eastern District Prosecutors' Office made a disposition of suspension of indictment against the plaintiff in consideration of all the circumstances, and a disposition of non-guilty (defluence of evidence) for lack of performance against D.

E. Meanwhile, around March 2019, the Defendant contacted C with C and met C around May 27, 2019.

[Ground of recognition] Facts without dispute, Gap's entries, Gap's 1, 2, 4 through 10, 12 through 25, 29 through 31, Eul's 1, 3, 4, 12, and the purport of the whole pleadings and arguments

2. Determination

A. 1) Husband and wife shall have the duty to live together, and support and cooperate with each other (Article 826 of the Civil Act). Husband and wife shall have the duty to comprehensively cooperate with each other in order to maintain marriage as a common life of both spouses by cooperating and protecting as a community combining mentally, physically or economically.

3.2

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