logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.02.07 2017가단56121
위자료
Text

1. The Defendant: (a) KRW 20 million to the Plaintiff; and (b) 5% per annum from June 22, 2017 to February 7, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 11, 1998, the Plaintiff and C have two children as a legally married couple who completed the marriage report.

B. The Defendant started golfing at an elementary school alumni group, but started the horse border school system at the end of 2016.

Since then, the defendant had been aware of the fact that C was his spouse, repeated by accompanying with traveling, etc., and taken photographs containing patriotism between two parties.

C. After becoming aware of the illegal relationship between C and the Defendant, the Plaintiff suffered from mental distress along with the home dissatisfy, and was diagnosed as having been on several occasions since June 2017, with stress disorder, excessive ventilation, and overbrut beer, etc.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's 1 through 11 (including each number in case of additional number) and the purport of whole pleading

2. Determination

(a) The husband or wife of a liability for damages, as a community combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a common life of both spouses, and shall have the right to such obligation;

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.

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

In addition, a third party shall not interfere with a married couple's communal living which is the essence of the marriage by participating in a marital life of another person and causing the failure of the marital community.

A third party who commits an unlawful act with either side of the married couple, thereby infringing on or impeding the maintenance of a marital life which corresponds to the essence of marriage, and being the spouse of the third party.

arrow