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(영문) 대전지방법원 2019.09.26 2019가단103635
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 15 million, as well as with respect thereto, 5% per annum from April 10, 2019 to September 26, 2019, and from the next day.

Reasons

1. In fact, the Plaintiff and C and the legal couple who completed the marriage report on June 5, 2015, were born with D’s father and wife.

Around April 2018, the Defendant became aware of F in the open opening room of E. At the opening opening room, the Defendant met F with F’s introduction at the off-line meeting of the hosting bank and continued to communicate with C, knowing that C has a spouse by marriage, and entered into a resistant relationship, such as travelling along and sexual intercourse.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 11 (including each number; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. Determination

(a) 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.

In this context, an unlawful act is a broad concept, including the adultery, and even though it does not reach the adultery, all unlawful acts that are not faithful to the duty of mutual assistance of the married couple are included therein. If one of the married couple commits an unlawful act, the married couple shall be liable to compensate for the mental suffering suffered by the spouse.

On the other hand, a third party shall not interfere with a married couple’s communal living falling under the nature of the marriage, such as interfering with a couple’s communal living by interfering with another person’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 infringing on the right as the spouse to inflict mental pain on the spouse.

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