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(영문) 부산지방법원 2018.06.19 2017가단330616
위자료
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion and Nonparty F are the legal couple who reported marriage on November 2, 1983.

① On November 1, 1998, Defendant B moved into an apartment located in Nam-gu, Busan, which was purchased by Nonparty F, and maintained the illegal relationship with F while residing therein on a regular basis or living together, etc., and even after the completion of the illegal relationship around 2005, Defendant B continued to meet with F.

② Defendant C, as an accounting officer of the F Company’s operating company, had the words “Defendant C was inf’s attitude” from Defendant C with respect to Defendant C, and Defendant C also stated that “F would be good.” In addition, Defendant C also committed unlawful acts, such as drinking boomed with F by not later than 2014.

③ Defendant D continued to exchange e-mails with F inception after the call at the alumni conference in around 2007, and continue to reach an unfair correspondence beyond the ordinary scope.

④ Defendant E, along with F, visited China or remitted money, did so otherwise.

The Defendants seek compensation for consolation money equivalent to the amount stated in the claims from the Defendants, since the marriage relationship between the Plaintiff and the F was broken down by neglecting the fraudulent act outside the ordinary scope as seen above, and the Plaintiff suffered mental distress.

B. (1) The act of a third party by committing an unlawful act with either side of the married couple, thereby infringing on or interfering with the marital life falling under the essence of the marriage and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

At this time, fraudulent acts include all illegal acts that undermine the duty of mutual assistance of both spouses even though they did not have a sexual relationship as a more broad concept including a sexual relationship.

Dor. Dor.

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