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(영문) 서울동부지방법원 2019.09.27 2018가단144282
위자료
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from February 19, 2019 to September 27, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on September 4, 2014, and has one minor child among them.

B. The Defendant has maintained a 1-year matrimonial relationship with C, such as having sexual intercourse with C, which was known to C as the partnership fee for the company.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), Eul's testimony, the purport of whole pleadings

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, it is reasonable to deem that the Defendant committed an unlawful act with the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C or impeding its maintenance, thereby suffering mental pain on the Plaintiff. As such, the Defendant has a duty to engage in monetary injury inflicted on the Plaintiff.

On the other hand, the defendant asserts that the marriage between the plaintiff and C is not constituted as the defendant's tort because the defendant has already failed before the defendant and C's misconduct, and C has enjoyed free sexual life.

In full view of the description of evidence No. 1 and the purport of the testimony and arguments by the witness C and the witness C, the circumstances such as the Defendant had previously committed an illegal relationship with C, which caused C to have a complaint regarding the marital life with the Plaintiff, and the Defendant, other than the Defendant, entered into an illegal relationship with C, may be acknowledged. However, the above evidence alone is insufficient to restore the marital life of the Plaintiff and C prior to the act committed by the Defendant and C.

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