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(영문) 서울중앙지방법원 2021.01.08 2020가단5115104
손해배상(기)
Text

1. The defendant's KRW 25,00,000 and about this, 5% per annum from July 24, 2020 to January 8, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 16, 1985, the Plaintiff has two children under the slurro of the law father who completed the marriage report with C on May 16, 1985.

B. After the Defendant came to know with C around 2016, the Defendant maintained a private-friendly relationship between around 2016 and around 2019, 10 times, including traveling abroad together with C with daily travel abroad.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The husband or wife of a liability for damages is obligated to live together and support and cooperate with each other (Article 826 of the Civil Act). Husband or wife is a community combined with mental, physical or economic aspects, and has the duty to cooperate comprehensively between themselves in order to maintain marriage as a common life of both spouses, by providing mutual cooperation and protection.

As a matter of such duty of living together or the duty of maintaining common life of both spouses, married couple shall not engage in any unlawful act, and they shall bear the sexual duty of care.

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.

On the other hand, a third party shall not interfere with a married couple’s communal living which corresponds to the nature of the marriage, such as intervening in a couple’s communal living of another person and causing the failure of the couple’s communal living.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, thereby causing mental pain to the spouse shall constitute a tort.

In addition, tort liability borne by one side and the third party is one of the joint tort liability (see Supreme Court Decision 2013Meu2441 decided May 29, 2015; Supreme Court Decision 201Meu2997 decided November 20, 2014).

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