logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.01.17 2016가단69521
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from February 9, 2017 to January 17, 2018; and (b).

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 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.

(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.

(2) On June 1, 1983, the Plaintiff is a legal couple married with C on June 1, 1983 (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). The Defendant was living in C and Port Port Port Sea Middle School, and was living in B and Port Port Port Sea Middle School, and was first living in Dong Chang-gu, 2008.

[Witness C] In this case, the Plaintiff asserted that the Defendant and C committed an unlawful act, such as having sexual intercourse, by administering it into the telecom, but the Defendant did not have any such act at all.

In the instant case where there is no objective evidence to support the wrongful act between the two parties, the Plaintiff was unable to prove the above assertion as a witness.

is the sole evidence.

arrow