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(영문) 의정부지방법원고양지원 2019.04.24 2018가단93553

위자료

Text

1. The Defendant’s KRW 20 million with respect to the Plaintiff and 5% per annum from November 23, 2018 to April 24, 2019.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 5, 7, 8, 10, 11, and 11, and Eul evidence Nos. 6 and 9, the plaintiff married with Eul on December 27, 2007, and has one woman among two married with Eul on December 27, 2007. C and the defendant, as an elementary school, as a bicycle hold at D's bicycle meeting for participation in the same elementary school as a bicycle hold around July 2015, only for three years since the commencement of the teaching system, as well as for the first time, they sent text messages containing patriotism from time to time after opening two documents, and even for the plaintiff to travel with Jeju-do on August 7, 2016.

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.

(See Supreme Court en banc Decision 201Meu2997 Decided January 2, 201). According to the above facts, the Defendant’s act of misconduct with C, thereby endangering the Plaintiff’s and C’s marital life, infringing upon the Plaintiff’s spouse’s right as his/her spouse, and thereby infringing on the Plaintiff’s right as his/her spouse, is obvious in light of the empirical rule that the Plaintiff suffered emotional distress.

Although the defendant asserts that the marital life of the plaintiff couple is not broken down and thus the plaintiff's claim cannot be complied with, there is no evidence to acknowledge it, and rather, according to the above evidence, it can be recognized that the marital life of the plaintiff couple was broken down due to the defendant's wrongful act, so the above argument cannot be accepted.

2. C and the Defendant’s wrongful act, degree and duration, the background leading up to the Defendant’s wrongful act, the period of marriage and the degree of stability of marriage between the Plaintiff and C, and the Defendant.