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(영문) 수원지방법원 2019.11.22 2019가단530588
위자료
Text

1. The Defendant’s KRW 25,00,000 as well as annual 5% from July 8, 2019 to November 22, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who completed the marriage report with C on January 28, 2009.

The plaintiff has two children (the birth in 2009, 201) between C and C.

B. Around 2016, the Defendant conspiredd with C, and became aware of C’s spouse at that time.

C. When the Defendant received economic assistance from C, such as kimchi cooling and Nowon-gu, and living expenses, while teaching tasks with C, the Defendant was aware of the fact with C, and discussed countermeasures against the Plaintiff, and continued the relationship.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 18 (including each number), the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above facts acknowledged, the Defendant, even though he/she is aware that he/she is a spouse, has committed unlawful act with C, thereby infringing on or impeding the Plaintiff’s communal life with C, and thus, is liable to compensate for emotional distress inflicted on the Plaintiff.

B. In full view of all the circumstances revealed in the records and arguments of this case, including the scope of damages and the period of the marriage and family relationship between the Plaintiff and C, the background leading up to the failure of the marriage, the period and degree of the misconduct committed by the Defendant and C, and the circumstances after the occurrence of the misconduct, the consolation money shall be 25,000,000

C. Accordingly, the Defendant, as a result of the lawsuit, is the Plaintiff’s tort of KRW 25,00,000 and the Defendant’s tort, and it is evident that it was the delivery date of a copy of the complaint of this case sought by the Plaintiff from July 89, 2019.

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