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(영문) 전주지방법원군산지원 2020.02.14 2019가단56720
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as for the Plaintiff’s KRW 5% per annum from October 26, 2019 to February 14, 2020, and the following.

Reasons

1. Occurrence of liability for damages;

A. Husband and wife of the relevant legal doctrine is obligated to live together and support each other 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 the contents of such duty of living together or of maintaining marital life, married couple bears the duty of sexual good faith that they should not engage in any unlawful act.

On the other hand, a third party shall not interfere with a married couple's community life, which is the essence of the marriage, such as interfering with a couple's community life by causing a failure of a couple's community life.

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.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, and Supreme Court en banc Decision 2011Meu2997 Decided May 29, 2015 (see Supreme Court Decision 2013Meu2441 Decided May 29, 2015).

Judgment

Comprehensively taking account of the overall purport of arguments in each statement or image of Gap evidence Nos. 1 through 13 (including the number of branch numbers; hereinafter the same shall apply), the plaintiff and Byung were the legal couple who completed a marriage report on May 20, 1998 (a divorce on August 16, 2019), and the defendant knew that the defendant had a spouse, while travelling along with a trip, may recognize the fact of restriction, such as the relation between the defendant and around 2017 to the 2019, with the name of "nurries".

According to the above facts of recognition, the defendant knew that C had a marital relationship with C, thereby infringing upon the plaintiff's communal life or interfering with the maintenance of the plaintiff's marital relationship, and infringed on the plaintiff's spouse's right as the plaintiff's spouse.

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