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(영문) 춘천지방법원 2017.07.20 2017가단50245
위자료
Text

1. The Defendant’s KRW 20,000,000 per annum for the Plaintiff and 5% per annum from March 28, 2017 to July 20, 2017.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence No. 1-1-3, Gap evidence No. 3-2, and Gap evidence No. 14, and there is no counter-proof.

The plaintiff is the spouse of the non-party C who reported the marriage with the non-party C on October 11, 1989.

B. Around December 2013, the Defendant, while running a restaurant called “D”, continued to engage in an illegal relationship, including: (a) contact with Nonparty C from time to time before July 2014; and (b) sending money paid to the Defendant.

C. On April 24, 2015, the Plaintiff became aware of Nonparty C’s aforementioned misconduct, and responded to Nonparty C’s laboratory.

On May 1, 2015, Nonparty C filed a lawsuit against the Plaintiff for divorce in the Chuncheon District Court 2015Ra1127 divorce case, and the Plaintiff did not want the divorce, and on December 6, 2016, Nonparty C’s claim for divorce constitutes a claim for divorce by the responsible spouse.

2. Determination

A. The plaintiff's assertion asserts that since the defendant committed a fraudulent act with the plaintiff's spouse, the defendant is obligated to pay 30,000,000 won as compensation for damages caused by the illegal act and damages for delay.

(b) A third party who made a judgment on a liability for damages shall not interfere with a married couple’s community life falling under the nature of marriage, such as interfering with a marital community life of another person by causing the failure of a marital life.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

Supreme Court Decision 201Meu297 Decided November 20, 2014

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