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(영문) 의정부지방법원 2019.11.27 2019가단100059

위자료

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 11, 2019 to November 27, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported their marriage on December 20, 200.

B. The Defendant committed an unlawful act, such as committing a sexual act with C several times between February 2018 and December 2018, knowing that C is a person who is married and is a spouse.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 10, the purport of whole pleading

2. Determination:

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

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014 (see, e.g., Supreme Court en banc Decision 2011Meu2997). “Unlawful act committed by a spouse” under Article 840 Subparag. 1 of the Civil Act is a wider concept including a adultery, and does not reach the common sense, but includes any unlawful act not conforming to the husband’s duty of good faith (see, e.g., Supreme Court Decision 88Meu7, May 24, 198). Whether an act constitutes an unlawful act ought to be evaluated in consideration of the degree and circumstances of each specific

(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013). B.

According to the above facts of recognition, the defendant maintained an inappropriate relationship with C even though C is a spouse, and since such an act of the defendant is deemed to have infringed or interfered with the maintenance of the plaintiff's common life, it is obvious in light of the rule of experience that the plaintiff suffered a considerable amount of mental suffering, the defendant is obliged to do so for mental suffering suffered by the plaintiff. Thus, the defendant is obliged to do so in money.

C. We examine the amount of consolation money to be paid by the Defendant, the contents and period of the act of misconduct between the Defendant and C as seen earlier, and the Plaintiff.