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(영문) 의정부지방법원 2017.12.21 2017나210373
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. The judgment of the court of first instance is ordered.

Reasons

1. Occurrence of liability for damages;

(a) 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 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 content of the marital or marital life maintenance obligation, the married couple bears the sexual duty that should not commit 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.

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, such as interfering with a couple’s community life by interfering with another person’s community life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). B.

The facts that the plaintiff and C are legally married couples who completed the marriage report on March 16, 2001, the defendant is a legal couple who was a married couple with C and elementary school, and the defendant was aware that C had a spouse and had a spouse from around 2010 to reached her maturity on several occasions, with the knowledge that C had a spouse, and in March and May 201, they exchanged with letters containing C and sexual contents, and committed unlawful acts, such as continuing contact by June 201, and continuing contact by June 2015, the facts that C and sexual contents were committed can be acknowledged in full view of the overall purport of arguments and arguments made by the first instance court appraiser D, and according to the above recognized facts, the plaintiff suffered a considerable mental suffering due to the defendant's unlawful acts.

(c).

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