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(영문) 대구지방법원 김천지원 2018.08.09 2018가단32032

위자료

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from April 27, 2018 to August 9, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 4, 1995, the Plaintiff has two children under the chain of law as a married couple who completed the marriage report with C and C.

B. The Defendant was a volunteer with D, and even with knowledge of the fact that C was a female, maintained an inappropriate relationship, such as having access to the telecom from around 2016 to April 2018.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 4 (including each number in the case of additional number) and the purport of the whole pleadings

2. Determination

(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.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and 92Meu68 delivered on November 10, 1992, etc.). In light of the above legal principles, according to the health care unit and the above-mentioned facts, the defendant committed an unlawful act with knowledge that C is a spouse, and the defendant's act was infringed upon or interfered with the plaintiff's marital relationship. Thus, the defendant has a duty to pay mental suffering suffered by the plaintiff to money.

B. The Defendant is liable for damages.