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(영문) 부산지방법원 2020.05.28 2019가단344572
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from December 31, 2019 to May 28, 2020 to the Plaintiff.

Reasons

1.(a)

The plaintiff and C are married couple who completed the marriage report on July 21, 2006, and have three children.

B. The Defendant is a female employee of a company C operated by C, and the Defendant had sexual intercourse with C by having a private met with C from around 2019 to December 2019.

[Ground for Recognition: Facts without dispute, Gap 1 through 3, purport of the whole pleadings]

2. Determination

(a) Husband and wife shall live together, and have the obligation to support and cooperate with each other;

(Article 826 of the Civil Act). The content of the duty of sharing a living together or the duty of maintaining a common life of both spouses and wife, which shall not engage in any unlawful act, shall bear the sexual duty

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 communal living which is the essence of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life.

An act of a third party who causes mental pain to the spouse by 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 by committing an unlawful act with the spouse, shall constitute a tort.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context includes a wider concept, including the adultery, and includes any unlawful act that does not comply with the husband’s duty of good faith even if it does not reach the common sense (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 2

According to the above facts of recognition, the defendant committed an unlawful act with C and C, thereby infringing on the common life of the plaintiff and C, obstructing their maintenance, and infringing on the plaintiff's spouse's right as the plaintiff's spouse, thereby causing mental pain to the plaintiff, which constitutes a tort.

Therefore, it is true.

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