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(영문) 대전지방법원천안지원 2020.07.09 2019가단122079
위자료
Text

1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from January 4, 2020 to July 9, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on October 12, 2016, and have minor children (D) between them.

B. Around October 2017, the Defendant was aware of the Defendant who had been working at the place of work where he retired from employment, and even with the knowledge that C is his spouse, the Defendant was living together with C from May 2018 to September 2019, with the knowledge that C was his spouse, and subsequently, sent several contacts with C, and then sent several contacts to the Plaintiff around November 2019.

C. Meanwhile, around June 11, 2018, the Defendant’s spouse filed a lawsuit claiming divorce and consolation money against the Defendant and C (Seoul Family Court Decision 2018Ddan10981). In the foregoing case, the judgment ordering divorce and consolation money payment was rendered on September 18, 2019, and became final and conclusive on October 5, 2019.

[Ground of recognition] Unsatisfy, each entry of Gap evidence Nos. 1-11 (including virtual number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition of the occurrence of liability for damages, the defendant committed an unlawful act with C even though he/she is a spouse of C, and thereby, the plaintiff's marital relationship was infringed or the maintenance thereof was interfered with. Thus, the defendant has a duty to raise mental suffering suffered by the plaintiff in money.

B. The amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 15,00,000, comprehensively taking into account various circumstances shown in the pleadings of the instant case, including the details and details of the misconduct between the Defendant and C, the marriage period and family relationship of the Plaintiff and C, and the impact of the Defendant’s improper act on the Plaintiff’s family

C. According to the theory of lawsuit, the Defendant, as a result of the tort, shall pay to the Plaintiff KRW 15,00,000 and thereafter, 5% per annum from January 4, 2020 to July 9, 2020, which is the day following the delivery date of a copy of the complaint of this case, as the Plaintiff seeks.

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