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(영문) 전주지방법원 2017.08.30 2017가단7677
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as annual 5% from May 16, 2017 to August 30, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal couple who completed the marriage report on August 22, 2005.

B. Around May 2012, the Defendant became aware of C while entering “D” as a member of “D”, and around 2013, he/she saw C with meals or viewed motion pictures, and had sexual intercourse with C from around 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 42, Gap evidence 2, 3, Gap evidence 4-1 and 4-2, the purport of the whole pleadings

2. Determination

A. 1) The content of the husband and wife’s duty to live together or maintain a common life, which is the content of the husband and wife’s duty to maintain a marital life. Accordingly, in the event one spouse commits an unlawful act, the husband and wife becomes a ground for judicial divorce pursuant to Article 840 of the Civil Act. The husband and wife is liable for damages caused by a tort against the husband and wife’s mental distress. Meanwhile, a third party shall not interfere with the husband and wife’s common life constituting the essence of marriage by intervening in the husband and wife’s common life and causing failure of the husband and wife’s common life. The third party’s act of infringing on the husband and wife’s common life equivalent to the essence of marriage or interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby infringing on the spouse’s right as a matter of principle, constitutes a tort (see, e.g., Supreme Court en banc Decision 2011Meu297, Nov. 20, 2014).

(b) Compensation for damage;

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