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(영문) 수원지방법원 안산지원 2017.04.28 2016가단69386
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as its annual 5% from November 16, 2016 to April 28, 2017 to the Plaintiff.

Reasons

1. The following facts in respect of which liability for damages has occurred may be acknowledged by taking account of the absence of any dispute between the parties concerned, or by taking account of the respective descriptions of evidence A 1 to 27 and the whole purport of pleadings:

On November 28, 2011, the Plaintiff and C have two children, who are legally married couple who reported their marriage.

B. Since 2015, the Defendant was aware of the fact that C’s spouse had been a spouse, and had developed from around 2015 to her relationship with internal relations, and had reached several times.

C. The Defendant and C committed unlawful acts, such as taking overseas travel at the same time on three occasions, and committed other unlawful acts at the conference room.

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.

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.

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 the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

Supreme Court on November 20, 2014

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