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(영문) 서울남부지방법원 2020.08.21 2018가단235303
손해배상(기)
Text

The defendant is jointly and severally and severally with C to the plaintiff KRW 15,00,000 as well as 5% per annum from August 23, 2018 to August 21, 2020.

Reasons

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 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, by intervening in a marital community of another person and causing the failure of the marital community.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). “Cheating” in this context refers to a broad concept, including the adultery, that does not reach the common sense, but does not fulfill the duty of mutual assistance of both spouses, may include any unlawful act that does not reach the common sense, and whether it constitutes an unlawful act ought to be evaluated in consideration of

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). In addition, tort liability owed by either spouse and a third party is one of the quasi-joint and several liability.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). Gamblocks, Gap, 1, 2, 4, 5, 6, 7, 8, 13, 15, 16, and 16.

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