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(영문) 서울중앙지방법원 2017.11.15 2017가단5043582

이혼 등

Text

1. The Defendant’s KRW 17,00,000 and the Plaintiff’s annual rate of KRW 5% from April 8, 2017 to November 15, 2017.

Reasons

1. Basic facts

A. On June 29, 1998, the Plaintiff, as a legal couple who reported marriage with C on June 29, 1998, placed D(E) as his child.

B. The Defendant knew that C had been attending and had been aware of the church like C before the Plaintiff’s marriage. After the Plaintiff’s marriage, C had been aware that C had been a spouse, and maintained unlawful relations, such as leaving C with C abroad or engaging in inappropriate sexual acts on the vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, and 2-1, 2, 3, Gap evidence No. 3-1, 2, 4-2, Gap evidence No. 10, Gap evidence No. 11-1, 2, and Gap evidence No. 19

2. The act of a third party making a judgment on the cause of a claim by committing an unlawful act with either side of the married couple to infringe on or interfere with a common life of the married couple falling under the essence of the marriage and to inflict mental pain on the spouse by infringing on his/her rights as the spouse, constitutes a tort in principle;

(See Supreme Court Decision 201Meu2997 Decided November 20, 2014). According to the above facts, the defendant, even though being aware that he/she was a spouse of C, has maintained an illegal relationship with C over a considerable period of time. As such, the defendant's above improper act constitutes a tort against the plaintiff, and it is clear in light of the empirical rule that the plaintiff suffered a serious mental suffering. Thus, the defendant is obliged to pay the plaintiff's mental suffering.

Furthermore, with respect to consolation money that the defendant is liable for, the amount of consolation money that the defendant shall pay to the plaintiff shall be KRW 17,000,000, in light of all the circumstances, including the health team, the details of the defendant's misconduct, the period and degree of damage inflicted by the plaintiff, the degree of mental damage inflicted by the plaintiff

Therefore, the defendant's 17,00,000 won and its corresponding amount are sought from the plaintiff as a tort after the date of the tort.