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(영문) 창원지방법원 2019.02.13 2018가단111918
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from July 21, 2018 to February 13, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report on September 18, 2014.

B. The Defendant committed an unlawful act, such as making a bridge with C, even though he knows that C has a spouse (Plaintiff) by marriage.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 6 (including additional number, if any) and the purport of whole pleadings

2. Determination on the cause of the claim

(a) An act of a third party which causes mental pain to the spouse by infringing on a marital life falling under the essence of marriage or interfering with its maintenance, and infringing on the spouse's right as the spouse, shall constitute a tort;

As seen earlier, the Defendant’s act with C’s infinite relation constitutes a tort against the Plaintiff, and thus, the Defendant has a duty to avoid mental suffering suffered by the Plaintiff.

B. As to this, the Defendant asserted to the effect that since the marital life of the Plaintiff and C had already been broken down before it entered into a conflict with C, it does not constitute tort liability against the Plaintiff, but there is no evidence to acknowledge it, the Defendant’s above assertion is rejected.

C. Furthermore, considering the various circumstances revealed in the pleadings of the instant case, such as the health team, the period during which the Plaintiff and C had been practically married, the content and period of the unlawful act committed by the Defendant and C, and the influence of the unlawful act on the family relationship, the amount of consolation money shall be determined at KRW 20,00,000.

Therefore, the defendant, as consolation money, was KRW 20,000,000 as well as for this, after the date of tort, as the plaintiff seeks, dispute over the existence and scope of the defendant's duty of performance from July 21, 2018 to July 13, 2019, which is the day following the day on which the copy of the complaint of this case was served to the defendant as requested by the plaintiff.

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