beta
(영문) 대구지방법원 2016.11.10 2016가단103450

위자료

Text

1. As to the Plaintiff KRW 18,00,000 and KRW 15,000 among them, the Defendant shall pay to the Plaintiff KRW 18,000,000 from November 22, 2014, KRW 3,000,00.

Reasons

1. A claim for consolation money of 30 million won due to a wrongful act;

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). The Plaintiff married with C on December 9, 1976 and had two children. The Defendant continues to engage in a fraudulent act even though he/she was aware that he/she was a spouse for about six years from around C and 2008, including the sex relationship, with C, and the fact that he/she continued to engage in a fraudulent act, including the sex relationship, does not conflict between the parties, or can be recognized by the statement in subparagraph 16-1 through 11.

(1) The court below held that the defendant's act of sexual assaulted by C was not an unlawful act, such as asserting that C maintained a continuous relationship by threatening C to know his husband of the defendant, but the defendant himself, on November 22, 2014, stated that the plaintiff was in bad faith relationship with C or directly, and that C continued to maintain a bad faith relationship for six years even during the process of the case). Thus, the defendant's act may be deemed to have infringed upon the plaintiff's marital relationship or interfered with the maintenance thereof. Thus, the defendant has a duty to take the mental suffering suffered by the plaintiff in money or consolation.

B. The amount of consolation money that the Defendant is liable to compensate for to the Plaintiff, taking account of various circumstances shown in the pleadings, such as the content, degree, and period of the Defendant’s unlawful act, the marriage period and family relationship between the Plaintiff and C, the amount of consolation money that C paid to the Defendant’s spouse (No. 12) and the Defendant’s age and attitude.