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(영문) 제주지방법원 2017.04.24 2016가단12082
위자료
Text

1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate of 5% from October 21, 2016 to April 24, 2017.

Reasons

1. Basic facts

A. On December 3, 2012, the Plaintiff filed a marriage report with C and produced D E.

B. Around June 2016, the Defendant came to know of C at online game organization Kakao site, sent contact information, exchanged contact information, and started schoolwork on July 2, 2016, and came to know of the fact that C was contacted by the Plaintiff three days after the proposal of C. However, even though C had long heard the word “the preparation for divorce” during the preparation for divorce and continued to live with C from time to time with the Defendant’s life.

C. C Cheating committed four times during the period of marriage life, even before the Defendant’s misconduct.

[Ground of recognition] Facts without dispute, entry of Gap 1-18 evidence, witness C and F's testimony, the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) A married couple's or a couple's communal living obligation, which is a content of the couple's or couple's communal living obligation, shall not commit any unlawful act;

Accordingly, if one side of the married couple commits an unlawful act, it becomes a ground for judicial divorce pursuant to Article 840 of the Civil Code, and one of the married couple is liable for damages caused by a tort against mental suffering that the spouse suffered.

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the marriage, by intervening in a marital community of another person and causing the failure of the marital community.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.

According to the above facts of recognition, the defendant shall continue to commit a fraudulent act with C knowing that C has a spouse.

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