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(영문) 인천지방법원 부천지원 2017.03.17 2016가단119702
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from November 21, 2015 to March 17, 2017 to the Plaintiff.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each entry or voice of Gap evidence Nos. 1 to 13.

On June 1, 1996, the plaintiff and C are the legal couple who has reported their marriage, and have two children under the chain.

B. From August 2015, the Defendant began with awareness of the fact that C is a spouse of C, and even came to have a sexual intercourse at the her mother.

2. Determination

(a) Husband and wife who is responsible for the birth of loss shall live together and be responsible for supporting 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 causing a failure of a couple'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, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). In light of the foregoing legal doctrine, in light of the health stand and the above fact of recognition, the Defendant committed unlawful acts, such as aiding and abetting a person with C’s spouse, even though he/she is aware that C is a spouse.

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