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(영문) 부산지방법원동부지원 2017.09.27 2017가단202601
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from April 18, 2017 to September 27, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who completed the marriage report with C on March 9, 1987, and has one male female under the slurries.

B. On July 29, 2016, the Defendant: (a) set up a apartment with C and a duct together in an apartment building that is the Defendant’s residence; (b) around July 31, 2016, together with C around July 31, 2016, carried out diving at the Mour.

C. On August 2016, the Plaintiff’s ASEAN found D as a main point operated by the Defendant and demanded to pursue the relationship with the Defendant C and organize the relationship with the Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, or the purport of the whole pleadings

2. The parties' assertion

A. At the time of Plaintiff D’s finding as the Defendant’s main point around August 2016 and pursuing the relationship with C, the Defendant was found to have been aware of the fact that C was a son, and in light of the fact that C was aware of the fact that C was a son, the Defendant continued the act with C while knowing that C was a son.

Moreover, even after that, C and Cheating continue to exist.

Therefore, the defendant is liable to pay consolation money for mental suffering suffered by the defendant to the plaintiff.

B. Defendant 1) The Defendant did not know that the Plaintiff’s child was the father of the Defendant and did not commit any unlawful act with C from the knowledge of the fact that C was the father of the father of the Plaintiff. 2) The marriage relationship between the Plaintiff and C had already been extinguished since before the Defendant became aware of C, and thus, the Defendant is not liable for paying consolation money to the Plaintiff.

3. Determination

A. 1) Husband and wife shall have the duty to live together, and support and cooperate with each other (Article 826 of the Civil Act). Husband and wife shall have the duty to comprehensively cooperate with each other in order to maintain marriage as a common life of both spouses by cooperating and protecting as a community combining mentally, physically or economically.

3.2

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