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(영문) 수원지방법원안산지원 2019.06.19 2018가단69229
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from November 30, 2018 to June 19, 2019 to the Plaintiff.

Reasons

1. On February 7, 1996, the plaintiff and C are legally married couple who has reported their marriage around February 7, 1996, and have two married couple (each DNA and Eves).

[Grounds for Recognition] Unsatisfy, A1-1, 1-2, 1-3

2. Determination

A. 1) The husband and wife is liable for damages (Article 826 of the Civil Act). The husband and wife is obliged to live together and support each other and cooperate with each other (Article 826 of the Civil Act). The husband and wife bears the sexual duty of care to not engage in any unlawful act as a content of the husband and wife’s duty of living together or maintaining a common life. Here, “unlawful act” includes any unlawful act that does not reach the common meeting of the husband and wife, but is not faithful to the husband and wife’s duty of care. If either husband and wife committed an unlawful act, the husband and wife are liable for damages arising from their mental distress. Meanwhile, the third party’s act of infringing or interfering with the husband and wife’s common life falling under the essence of marriage and infringing their rights as the spouse, thereby constituting tort in principle. In light of the fact that there is no dispute between the parties and the parties, and the video or visual distress between the Plaintiff and the Defendant’s unlawful act, the Defendant is held liable for damages to the Plaintiff and the Defendant’s entire obligation of care between C and C.

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