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(영문) 청주지방법원 2021.01.15 2020나13626

위자료

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Summary of grounds for appeal;

A. After the defendant was aware that Nonparty C, who is the husband of the plaintiff, was deceiving the plaintiff, by hiding the fact of marriage, and became aware of the fact that he was the father of the plaintiff, the defendant arranged the remaining part of C with C. Since the defendant did not have intention or negligence on the part of the defendant, the plaintiff's claim based on the fraudulent act cannot be accepted.

B. While the Plaintiff and C continue to have a smooth marital relationship, the Defendant suffered damage, such as receiving mental and medical treatment, etc. due to the instant case, the amount of consolation money recognized by the first instance court is too high.

2. Determination:

A. According to the Defendant’s assertion of intention or non-existence of negligence as to the Defendant’s wrongful act, according to the evidence No. B No. 3, the Defendant: (a) known the Plaintiff that “I had known that I had a fluent mind; (b) fluents (C) fluents did not need to do so; and (c) fluents did not need to do so.

It was said that her fluencing her to divorce was completed.

Hayman Hayman도요

It is recognized that “the sending of the word “” has been recognized.

According to the above facts of recognition, the defendant seems to continue to maintain the relationship even after C knew of the fact that C is the father-Nam. The defendant's above assertion is without merit.

B. As to the amount of consolation money, the fact-finding court can determine the amount of consolation money for emotional distress suffered by tort at its own discretion, taking into account various circumstances (see Supreme Court Decision 2019Da1348, Jun. 27, 2013). In full view of the circumstance that the Defendant caused C and Cheating, the background leading up to the Defendant’s unlawful act, the details and period of the unlawful act, the marriage period and family relationship between the Plaintiff and C, the impact of the Defendant’s unlawful act on the Plaintiff’s community life, the Defendant’s attitude and progress after the occurrence of the unlawful act, and the amount of consolation money that the Defendant ordinarily recognized to the other party to the unlawful act in the same case, the consolation money determined by the first instance