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(영문) 대구지방법원 2018.11.15 2018가단114386
손해배상(기)
Text

1. The Defendant’s KRW 7 million and the Plaintiff’s annual period from June 24, 2016 to November 15, 2018 and the following day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a husband C and a person who reported marriage on December 30, 199 with the husband C.

(2) The defendant is a person who has reported marriage with husband D on December 15, 2000.

The judgment of the Seoul Family Court (the Seoul Family Court 2014Dhap302645, 2016Dhap30746 (Counterclaim)) was finalized on June 24, 2016.

(3) C and the Defendant were the same as the motive of the university, while attending the university, they were sexually dead.

B. D and the Defendant’s wrongful act (1) C and the Defendant contacted through E around May 2013.

C and the defendant around that time, they met with their respective spouses, and continued to watch and spoking off motion acid dives, film viewing, racing tourism complex accounting books, etc., and were able to spoking their descendants or potteries.

(2) On December 2013, C and the Defendant: (a) recognized the aforementioned facts to D; and (b) borrowed them from D.

(3) In a divorce lawsuit between D and the Defendant, the Defendant also recognized that the marriage relationship was not broken down by preventing such unlawful act.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 7, Gap evidence 8-2, Gap evidence 9, the purport of the whole pleadings

2. Determination:

A. A couple of basic legal principles is a community that combines mentally and physically, and bears the obligation to cooperate with each other to continue to live together while helping and maintaining each other.

Therefore, married couple shall be in good faith to the other party and shall not cause any misappropriation.

In this context, the degree and situation of the act should be considered for each specific case, and it is not necessarily necessary to establish a sexual relation.

(1) A person who causes mental distress to his/her spouse due to either husband or wife’s wrongful act shall be liable for damages arising from a tort (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 1992).

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). (B)

According to the occurrence of liability for damages and the above recognition of consolation money, C is a person with respect to the defendant.

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