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(영문) 서울동부지방법원 2017.04.14 2016가단137235
위자료
Text

1. The Defendant’s KRW 7,00,000 and the Plaintiff’s annual rate of KRW 5% from October 25, 2016 to April 14, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legal couple who completed the marriage report on January 25, 2010 and has one of the children of six years of age.

B. While the Defendant was working in the liquor called “D”, he became aware of C that he was found as a guest on April 2015, and around that time, the Defendant started teaching services with C several times from that time.

C. At the time of the commencement of the teaching system with C, C was unaware of the fact that C was the father and son, but C was aware of the fact that C was the father and son around August 2015.

Nevertheless, the Defendant, from that date until August 2016, exchanged with C, and had sexual intercourses several times including one sex relationship from the telecom around August 23, 2016.

On the other hand, while checking C's mobile phone in 2015, the Plaintiff discovered several phone calls and stored the mobile phone numbers. On August 25, 2016, the Plaintiff discovered a Kakakao Stockholm conversation containing the fact that C and the Defendant sleep with the cell phone prior to the mold.

E. Accordingly, the Plaintiff confirmed the Defendant’s intention to go through a telephone, and the Defendant, who affixed the phone, did so to the Plaintiff.

[Grounds for Recognition: Evidence Nos. 1 through 7, Evidence Nos. 1 and 2, and the purport of the whole pleadings]

2. Determination

A. According to the facts of the recognition of the above liability for damages, the defendant's fraudulent act, including sexual intercourse with C, the plaintiff's spouse, constitutes an illegal act detrimental to the peace of marriage or family against the plaintiff. This constitutes a tort against the plaintiff.

Since it is clear in light of the empirical rule that the plaintiff suffered from mental suffering, the defendant is obligated to give a monetary reward to the plaintiff.

B. As to the amount of consolation money to be paid by the Defendant, the scope of the damages, the period of marriage between the Plaintiff and C, the details and duration of the Defendant and C’s wrongful act;

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