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(영문) 울산지방법원 2018.12.12 2018가단63237
손해배상(기)
Text

1. The Defendant’s KRW 11,00,000 as well as 5% per annum from July 27, 2018 to December 12, 2018 to the Plaintiff.

Reasons

1. 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 combining mentally and physically, shall have the duty to cooperate comprehensively between themselves in order to maintain marriage as a marital community by cooperating and protecting each other, and shall have the right to such obligation.

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.

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.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). Meanwhile, a third party shall not interfere with a married couple’s community life, which falls under the essence of the marriage, by participating in a married couple’s community life, thereby causing the failure of the married couple’s community.

In principle, a third party's act of infringing on a marital life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse, thereby causing mental pain to the spouse, by committing an unlawful act with the spouse, constitutes a tort under the Civil Act.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). 2. The following facts, other than macro-Evidence, are neither disputed nor recognized as the purport of all pleadings.

On January 11, 2003, the Plaintiff married with C, and has two children, such as D(E) and F(G) under their chain.

[A] C. A. A. A sent and received a Kakao Stockholm message, such as the Defendant’s written statement in the annexed legal brief.

In addition, there is also a content that can be known that the relationship had existed between the two.

[A] [2] The Plaintiff became aware of the illegal relationship between the two around August 2016, and such relationship has been maintained recently (A 3]. The Defendant has been also in an infinite relationship with C.

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