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(영문) 수원지방법원 여주지원 2021.01.14 2020가단55744
손해배상(기)
Text

1. The defendant's KRW 15,00,000 for the plaintiff and 5% per annum from July 25, 2020 to January 14, 2021.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported their marriage on November 20, 2004 and have two children.

B. The Defendant committed an unlawful act, such as committing a sexual intercourse with C, knowing that C had a spouse from around December 2, 2019 to April 2020.

(c)

On September 4, 2020, the Defendant was aware of unlawful acts with C and received the instant lawsuit from the Plaintiff, but sent inappropriate dialogues with C on September 4, 2020 during the lawsuit.

[Evidence: Evidence of No. 1 to 8, Evidence No. 1, Eul No. 2, and Evidence No. 3 (including branch numbers) and the purport of the whole theory

2. Determination as to the cause of claim

A. Husband and wife of legal principles are obliged to live together and support and cooperate with each other (Article 826 of the Civil Act). Husband and wife are also obligated to cooperate and protect each other as a community combining mentally, physically or physically and economically, so that marriage as a common life of both spouses can be maintained, and they have the right to cooperate comprehensively.

As a matter of such duty of living together or the duty of maintaining common life of both spouses, 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 makes an illegal action, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and the other side of the married couple is liable for damages caused by tort against the mental suffering that the spouse suffered.

A third party shall not interfere with the common life of the married couple falling under the essence of the marriage by intervening in the common life of another person and causing the failure of the married couple. In principle, a third party's act of infringing on the common life of the married couple falling under the essence of the marriage by committing an unlawful act with the married couple, or interfering with the maintenance thereof and infringing on the spouse's right thereto, thereby causing mental pain to the spouse.

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