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(영문) 부산지방법원서부지원 2020.07.22 2020가단103908
위자료
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from November 14, 2019 to July 22, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on November 16, 1996.

B. Around December 20, 2017, the Defendant brought about an inappropriate son from the time when he met C, or around June 20, 2019.

C. As between December 26, 2018 and January 4, 2019, the Defendant and C sent text messages containing literary expressions.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 5, and 6 (including virtual number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). Meanwhile, the term “illegal act” under Article 840 subparag. 1 of the Civil Act includes any act that is not faithful to the duty of good faith as a spouse, and includes any act that is larger than the so-called “an ordinary”, and the issue of whether an act is an unlawful act ought to be evaluated in consideration of the degree and situation depending on a specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). According to the above facts, the defendant is obligated to pay consolation money to the plaintiff, on the ground that the defendant is liable to pay consolation money to the plaintiff, on the following grounds: (a) even though being aware of his/her spouse's existence, the defendant received text messages containing hate expressions with C, and committed an improper act, such as continuing to reach an inappropriate meeting; and (b) thereby infringing on the marital life falling under the essence of the marriage or interfering with the maintenance thereof; and (c) infringing on the rights of his/her spouse

B. Details, period and degree of fraudulent act, marriage period and family relationship of the Plaintiff and C, and fraudulent act are marital life of the Plaintiff and C.

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