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(영문) 수원지방법원 2019.05.30 2019가단503234
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 29, 2019 to May 30, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on May 1, 2007.

B. The Defendant is C’s friendship, and maintained an inappropriate relationship with C from April 2018 to September 2018, by knowing that C was a woman of her mother.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 7, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has 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 couple's community life by interfering with another person's community 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.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). “Cheating” in this context refers to a broad concept, including the adultery, which does not reach a common sense but does not faithfully fulfill the duty of mutual assistance of both spouses, includes any unlawful act. Whether it is an unlawful act or not ought to be evaluated in consideration of the degree and circumstances of the specific case.

(see, e.g., Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above facts of recognition, the defendant committed an unlawful act despite being aware that C is a spouse, and the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant has a duty to pay a monetary suffering suffered by the plaintiff.

B. The defendant, after the scope of liability for damages and the period of marriage between the plaintiff and C, marital relationship and family relationship, the content and period of fraudulent act, the impact of the above fraudulent act on the marriage between the plaintiff and C, and the occurrence of fraudulent act.

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