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(영문) 서울남부지방법원 2020.01.16 2019가단206180
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from February 15, 2019 to January 16, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff was married on February 22, 2005 with C and divorced on October 30, 2008. However, the Plaintiff is a legal spouse who again completed the marriage report on June 22, 2012, and is a minor child D (E) between C and C.

B. From July 8, 2015 to C, the Defendant began to teach with C. A around May 2016, and gave birth to F. G on F. date, which is rhythm thereof.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2; Gap evidence Nos. 1, 2; Eul evidence Nos. 4; Eul's witness's witness's testimony; the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant committed an unlawful act, such as entering a marriage with his father-child C and giving birth to her married baby, and that result, the plaintiff, the spouse of C, suffered from extreme mental pain, so the defendant is obligated to pay the plaintiff the amount stated in the claim as consolation money.

As to this, the defendant asserts to the purport that the defendant should take into account the above circumstances in the absence of liability for damages or recognition of liability for damages by deceiving C from C without knowing the fact that C is a son.

B. 1) Husband and wife are liable to live together and support each other (Article 826 of the Civil Act). Husband and wife are liable to cooperate and protect each other as a mentally or physically combined community, and have the right to comprehensively cooperate among themselves so that marriage as a marital community is maintained. Husband and wife are liable to live together or maintain common life, and husband and wife are liable to cooperate with each other in a comprehensive manner. Husband and wife are liable to live together or maintain common life, and husband and wife are obliged to act in good faith.

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.

And the third party also intervene in the marital life of the other party.

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