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(영문) 대전지방법원 2021.02.24 2020가단109141

위자료

Text

1. The defendant shall pay to the plaintiff KRW 15,00,000 as well as 5% per annum from April 2, 2020 to February 24, 2021, and the next day.

Reasons

1. According to the facts found in Gap evidence Nos. 1 through 5 (including branch numbers) and the facts that the defendant did not dispute, and the purport of the whole theory of change, the plaintiff (1972) is the spouse of the non-party C (1983; hereinafter "the non-party") who was the wife and the legal spouse under the law where one child was born in 2012 after completing the marriage report in 2011 and completing the marriage report in 2011, and also the defendant, who was the father of the father where he was the wife, was aware that the plaintiff was the married person and had committed an act of sexual intercourse with the non-party since the beginning of 2019 (the defendant was the non-party 3 and 4). On the contrary, the plaintiff committed an unlawful act with the non-party 4 for more than three to four years in light of the message of evidence Nos. 3 and 4.

2. On the other hand, a third party may not interfere with a married couple’s community life falling under the nature of the marriage, such as interfering with a couple’s community life by participating in a couple’s community life of another person.

The third party's act of infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the spouse's rights as the spouse, thereby causing mental distress to the spouse constitutes a tort. Therefore, the third party is liable to compensate for damages to the spouse (see Supreme Court Decisions 2013Meu2441, May 29, 2015; 2013Meu2441, May 29, 2015). Furthermore, regarding the amount of consolation money, the third party is liable to compensate for damages to the spouse (see Supreme Court Decision 2013Meu2441, May 29, 2015). Furthermore, the amount of consolation money shall be determined as KRW 15 million in consideration of all the circumstances such as health room, the period of marriage of the plaintiff, the relationship between the defendant and the non-party recognized by evidence, the extent of congratating the contents of the conversation between the defendant and the non-party.

3. In conclusion, the defendant shall serve the plaintiff a consolation money of KRW 15 million and a copy of the complaint as the plaintiff seeks.