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(영문) 의정부지방법원고양지원 2020.01.15 2019가단81267
손해배상(기)
Text

1. The Defendants each of the KRW 15,000,000 to the Plaintiff, as well as Defendant B from July 10, 2019, and Defendant C from September 10, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with D on November 8, 2004.

B. Around September 2018, Defendant B, despite being aware that he/she had a spouse, maintained an unlawful relationship with D, such as having sexual intercourse with D.

C. Around July 2013, Defendant C, knowing that he/she had a spouse, maintained an unlawful relationship with D, such as having sexual intercourse with D.

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

2. Husband or wife of a claim 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.

The "Cheating" here is a broad concept, including the adultery, which does not reach the gap, but includes all unlawful acts that do not fulfill the duty of mutual assistance of the couple. If one of the married couple commits an unlawful act, the other spouse is 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 community life, which is the essence of the marriage, such as interfering with a couple’s community life by interfering with another person’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 Decision 2013Meu2441 Decided May 29, 2015, Supreme Court Decision 2013Meu2441 Decided May 29, 198

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