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(영문) 대구지방법원 경주지원 2017.01.12 2016가단11373
위자료
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from April 27, 2016 to January 12, 2017 to the Plaintiff.

Reasons

1. According to the purport of the evidence Nos. 1 through 17 and the entire pleadings, the Plaintiff and C are legally married couples who reported their marriage on March 20, 2015, and C and the Defendant continued to have met before they were married to the original and the Defendant, and they continued to have met with each other after marriage. On January 2016, it is recognized that they made a trip to Japan for 20 days during the two-day period of stay.

2. In principle, an act of a third party causing mental pain to the spouse by infringing on or impeding common life of the married couple falling under the essence of marriage and by infringing on the rights of the spouse as the latter's spouse by committing an unlawful act with the latter's husband or wife shall constitute a tort;

(1) In light of the aforementioned facts, it is reasonable to judge that the Defendant committed an unlawful act, such as continuing to contact with the Defendant, in light of the health stand back to the instant case, and in light of the facts recognized earlier, C is clearly in light of the empirical rule that the Defendant participated in C’s unlawful act, and thus, the Plaintiff was suffering from considerable mental suffering. As such, the Defendant is obliged to compensate for mental suffering suffered by the Plaintiff in money.

3. Furthermore, with regard to the scope of damages, considering the various circumstances shown in the arguments in the instant case, such as health group, the period of marital life between the Plaintiff and C, the period and degree of unfair conduct committed by the Defendant and C, the extent that the unlawful conduct by the Defendant and C was affected on the Plaintiff (it was considered that the Plaintiff and C had been separately set for a long time with the instant case, but the circumstances that were to be decided again in light of the written reply, written application, etc. on the part of the relevant case C), the Plaintiff’s family relationship (it was considered that there was a her age between the Plaintiff and C), and the circumstances in which the Plaintiff maintained a marital relationship with C, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as 12,00,000 won

4. Therefore, the defendant shall pay 12,000,000 won to the plaintiff and the plaintiff.

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