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(영문) 부산지방법원동부지원 2017.09.20 2017가단208722
손해배상(기)
Text

1. The Defendant’s KRW 10 million to the Plaintiff and the Plaintiff’s annual rate from January 19, 2016 to September 20, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on January 29, 192.

B. On April 16, 2014, the Defendant sent to C a text message stating that “I do not know what the internal body itself is, but what is the only body? I do not have any interest in making a proxy who is not the only body. I also sent to C a text message stating “I do not know how you want to do so. I do not see. I do so. I do not want to do so.”

C. The Defendant: (a) around November 27, 2015, she met C with a meal, and (b) went to the Plaintiff after entering the telecom.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 6-3 through 5, and 10, the purport of the whole pleadings

2. Determination

(a) The husband or wife of a liability for damages shall live together and have the duty 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 communal living falling under the essence of the marriage, such as interfering with a couple’s communal living by causing a failure of the couple’s communal living.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above facts of recognition, the aforementioned facts of recognition are examined.

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