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(영문) 수원지방법원안양지원 2017.09.22 2017가단7055
위자료
Text

1. The Defendant’s KRW 10 million to the Plaintiff, as well as 5% per annum from June 30, 2017 to September 22, 2017.

Reasons

1. Facts of recognition;

A. On May 31, 1989, the Plaintiff and C have one child under the chain of law as a husband and wife who completed the marriage report.

B. Around 2016, the Defendant came to know of C through the introduction of a man, and maintained an inappropriate relationship with C by March 2017, with knowledge of the fact that C was a woman, such as “I wish to report” and “I love”, by being informed of the fact that C was a woman by message or telephone.

C. Around March 8, 2017, around March 8, 2017, C prepared and delivered to the Plaintiff a letter recognizing the appearance of the Defendant with the appearance of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. A. 1) A third party’s liability for damages shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person. A third party’s act of infringing on or maintaining a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). In this case, “unlawful act” refers to a broad concept that includes adultery, but does not reach the adultery, but it includes any unlawful act that does not comply with the husband’s duty of good faith, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances depending on the specific case (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 8Meu28, Nov. 10, 1992).

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