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(영문) 의정부지방법원 고양지원 2018.10.17 2018가단71164

위자료

Text

1. The Defendant’s KRW 15 million with respect to the Plaintiff and 5% per annum from February 1, 2018 to October 17, 2018.

Reasons

1. According to the entries of Gap 1 through 8, 10 through 16, and 19 (including the number of branch numbers), and the overall purport of Gap 9’s images and arguments, the facts that the plaintiff married with C on July 30, 1996 and has a sentence of punishment between C, and that C has committed an unlawful act with the defendant who was a workplace partner from February 2016.

8. 0.10. The words "A" and "A" were written or sent to confirm each other's patriotism from time to time, and the relation was continued until November 11, 2017 when C committed suicide, and the facts alleged to be contrary Eul Nos. 4-1 and 2 are not trustable.

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 201Meu2997 Decided 201. According to the above facts, the defendant committed an unlawful act to the extent that it cannot be socially acceptable to C and C, thereby endangering the common life of both the plaintiff and C and infringing the plaintiff's spouse's right as his/her spouse, and it is obvious in light of the empirical rule that the plaintiff was suffering from mental suffering, and thus, the defendant is obliged to pay mental suffering suffered by the plaintiff in money.

2. The amount of consolation money that the Defendant is liable to compensate for to the Plaintiff shall be determined as KRW 15 million in consideration of various circumstances shown in the pleadings of the instant case, such as the content, degree, and period of the unlawful act between C and the Defendant, the background leading up to the Defendant’s unlawful act, the marriage period between C and C, the degree of stability in marriage, and the impact of the Defendant’s unlawful act on the Plaintiff

The defendant is from February 1, 2018, the day following the delivery date of a copy of the complaint, as claimed by the plaintiff, for the plaintiff as a result of the illegal act of KRW 15 million.