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(영문) 서울남부지방법원 2018.10.19 2018가단231653
위자료
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from July 13, 2018 to October 19, 2018; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on November 15, 2005, and have children under the sleep.

B. The Defendant knew that C had a spouse due to marriage, and even from May 19, 2018 to February 22, 2018, known that C had a spouse, the Defendant met with C and brought about a variety of sexual intercourses for several months from February 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 11, 13 through 18, 21 through 27, and the fact inquiry and reply to the head of Seoul Immigration Office, the purport of the whole pleadings

2. Determination

(a) Husband and wife shall live together, and have the obligation 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.

A third party who commits an unlawful act with one side of the married couple, thereby infringing on or impeding the maintenance of common life of the married couple corresponding to the essence of marriage, and infringing on the right as the spouse.

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