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(영문) 의정부지방법원 2017.11.29 2017가단113921
손해배상(기)
Text

1. The Plaintiff, Defendant B, from July 25, 2017, with respect to KRW 10,000,000, and the Defendant C, from July 25, 2017, and the amount of KRW 5,00,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse (here) who completed a marriage report with E on January 11, 2012.

B. From September 2013, Defendant B and E’s wrongful act entered into a sexual relationship with E when E makes it off to day. From January 2016, Defendant B and E worked as an employee at a store going to Seoul and operated by E and entered into a sexual relationship with E several times, and Defendant B was pregnant with E and was born.

C. Defendant C and E’s wrongful act committed a friendly act in the same workplace as E, but around May 10, 2016, Defendant C and C had a sexual intercourse with E and had a sexual intercourse with E, and even around the 17th day of the same month, they met with E, and even thereafter, contact with SNS by sending comments on SNS or sending text messages or making telephone conversations.

Defendant D’s wrongful act of Defendant D and E entered into a sexual intercourse with E in a variety of times during the two years of age after he met or became aware of E at the drinking place on March 2016.

E. The Plaintiff became aware of the fraudulent act with the Defendants of E around September 2016.

F. The plaintiff maintains a matrimonial relationship with E until now.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 13, purport of the whole pleadings

2. 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, as a community combining mentally and physically and economically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as community life.

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.

A third party is also another person.

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