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(영문) 서울북부지방법원 2020.07.14 2019가단143619

위자료

Text

1. The defendant shall pay 15,00,000 won to the plaintiff and 12% per annum from January 18, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal couple who completed the marriage report on November 16, 1988.

B. The Plaintiff, along with his spouse C, has operated a list for tourists and exchange students in Seoul.

C. The Defendant was employed as a member of the motherel with the trade name “D” in the Gangwon-do Crossing-gun. However, around February 2019, the Defendant first met C residing in the Gangwon-do Crossing-gun in order to remove the building, and continued to meet in Incheon, Seoul, etc., and continued to have sexual intercourse.

C around May 2, 2019, around May 2, 2019, a letter of commitment that the Plaintiff will no longer communicate the Defendant.

[Ground for recognition] Unsatisfy, Gap evidence 1 to 8 (including each branch number, if any), the purport of the whole pleadings

2. Determination

A. 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, constitutes a tort.

(See Supreme Court Decision 201Meu2997 Decided November 20, 2014, etc.). B.

In full view of the purport of the entire argument in the above facts, since the defendant had been aware that C is a spouse, he had committed an unlawful act including sexual intercourse, it shall be deemed that C violated the plaintiff's communal living or interfered with the maintenance thereof, and that the plaintiff was suffering from mental suffering is sufficiently ratified in light of the empirical rule.

Therefore, the defendant is obliged to give monetary compensation to the plaintiff due to the above tort.

C. Furthermore, as to the amount of consolation money, the Plaintiff and C are one person in full view of the health group, the marriage period and marriage relationship between the Plaintiff and C, the contents and duration of unlawful acts between the Defendant and C, and the purport of the entire arguments of the Plaintiff’s marital life and children.