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(영문) 서울북부지방법원 2020.10.20 2019가단149242
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from September 30, 2019 to October 20, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 11, 2006, the Plaintiff and C have two children who are minors as the legal couple having reported their marriage on November 1, 2006.

B. In around 2015, the Defendant knew of C through the middle school Dong-dong in a middle school, and subsequently, knew of the existence of his/her spouse, the Defendant, from September 2019, contacted C with C from around September 2019, thereby committing unlawful acts, such as going to travel together with C or having access to the

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A third party who has established 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 causing a failure of the married couple’s community;

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). According to the aforementioned facts, the Defendant, even though having knowledge that C is a spouse, committed an unlawful act with C, thereby infringing upon a couple’s community life equivalent to the nature of marriage or interfering with the maintenance thereof, and thereby causing mental pain to the Plaintiff by infringing upon the Plaintiff’s right as the spouse for a couple’s community life with C and C.

As such, there is a duty to compensate for mental damage suffered by the plaintiff.

B. Regarding the amount of consolation money within the scope of compensation, the arguments in the instant case, such as a health team, the marriage period and family relation of the Plaintiff and C, the period, contents and degree of fraudulent act committed between the Defendant and C, the degree of suffering suffered by the Plaintiff due to the above fraudulent act, the influence on the marital life between C and C, circumstances after being aware of the fraudulent act, and the attitude of the Defendant.

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