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(영문) 울산지방법원 2018.04.25 2017가단62831
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from September 5, 2017 to April 25, 2018 to the Plaintiff.

Reasons

1. 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 combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other, and shall have the right to such obligation.

As such, as the content of the marital or marital life maintenance duty, married couple bears the sexual duty that should not engage in 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.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). Meanwhile, a third party shall not interfere with a married couple’s community life, which falls under the essence of the marriage, by participating in a married couple’s community life, thereby causing the failure of the married couple’s community.

In principle, a third party's act of infringing on a marital life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse, thereby causing mental pain to the spouse, by committing an unlawful act with the spouse, constitutes a tort under the Civil Act.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). 2. The following facts, other than macro-Evidence, are neither disputed nor recognized as the purport of all pleadings.

The plaintiff is a legal couple married to C on December 28, 1999.

[A] On February 7, 2017, the Defendant sent to C the text messages, including “I am satisfy as satisfy, but I am saty and satisfy. I am satfy. I am satfy. I am saty. I am saty. I am am satfy. I am satfy. I am satfy. I am satfy. I am satfy. I am satfy.” The Defendant again sent the answer to “I am satfy.”

[A] The defendant also on August 4, 2017.

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