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(영문) 서울중앙지방법원 2020.08.18 2019가단5055435

위자료

Text

1. The Defendant’s KRW 8,00,000 and its related amount are 5% per annum from April 25, 2019 to August 18, 2020.

Reasons

1. Facts of recognition;

A. On February 28, 1966, the Plaintiff was a legally married couple who completed a marriage report with the deceased C (the deceased on September 18, 2018, hereinafter “the deceased”) and one male female under the slur.

B. In around 1970, the Plaintiff and the Deceased employed the Defendant as an employee while operating a rice tea shop, and had the Defendant live together at the same house. The Deceased started with the Defendant from around that time.

C. Accordingly, the relationship between the Plaintiff and the Deceased began, and the Deceased did not cut off the relationship with the Defendant, and as the Defendant was pregnant, the relationship between the Plaintiff and the Deceased became more deepened.

On October 4, 1970, the Plaintiff and the Deceased agreed to receive 400,000 won from the Deceased for their future living expenses and to separate them.

On October 4, 1970, the Defendant maintained de facto marriage relation (de facto marriage relation) by September 18, 2018, including giving birth to a child of one male and female from around October 4, 1970 to the deceased’s death.

E. Meanwhile, the Plaintiff, from the commencement of living with the Defendant, brought up his children on the street from the time of the deceased’s death until the deceased’s death, while living together with the deceased in a separate state.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the defendant was aware that he was the deceased's spouse (the plaintiff), and caused mental distress to the plaintiff by jointly living together with the deceased. As such, the defendant is liable to compensate for mental damage suffered by the plaintiff. 2) As to this, the defendant agreed on October 4, 1970 to combine with the deceased, and received 400,000 won as consolation money from the deceased, and maintained a separate state until the deceased died, while maintaining a de facto marital relationship between the defendant and the deceased.