logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2020.07.08 2020가단30411
위자료
Text

1. The defendant shall pay to the plaintiff KRW 16,00,000 as well as 5% per annum from February 12, 2020 to July 8, 2020, and thereafter.

Reasons

1. The following facts are not disputed between the parties, or are acknowledged in full view of Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, Eul evidence 3-1, 2-2, and the whole purport of the arguments as a result of the order submission of documents against Eul Co., Ltd. by this court and the whole purport of the arguments.

The plaintiff married with E on January 21, 1995 and has two children.

B. The Defendant resided in an apartment building such as the Plaintiff’s husband and wife and became aware of E, an adviser of the mountain conference. The Defendant began with the teaching system and maintained inappropriate relations for a considerable period of time, such as having sexual intercourses in the Moel area, despite being aware of the existence of the spouse.

C. Meanwhile, the Plaintiff and E maintain marital relations until the date of the closing of the instant argument.

2. In principle, a third party who has a liability for damages, by committing an unlawful act with the spouse, thereby infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse, constitutes a tort (Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). Accordingly, a third party who has a liability for damages is obliged to suffer mental suffering suffered by the spouse.

Examining the above facts in accordance with the above legal principles, it is reasonable to view that the defendant knowingly committed an unlawful act with the knowledge that he/she is a spouse of E, thereby infringing on or interfering with the marital life and infringing on the plaintiff's spouse's right as the spouse of E, thereby suffering from mental suffering. Therefore, the defendant has a duty to pay back with money for mental suffering suffered by the plaintiff.

3. Regarding the amount of consolation money that the Defendant is liable to compensate, the period and family relationship of the Plaintiff and E, the period and degree of the Defendant and E misconduct, and the impact of the said fraudulent act on the Plaintiff’s marriage and E.

arrow