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(영문) 수원지방법원 2018.03.22 2017나62808
위자료
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on September 20, 1990, and have two children.

B. C around March 200, he became aware of F as the Defendant’s spouse at the parents group of children.

Since then, the plaintiff, C, the defendant, and F were friendly by holding a meeting of the married couple.

Since 2015, the defendant has been given letters such as love with C, and has committed unlawful acts such as frequently committing sexual acts in the telecom, vehicle, etc.

C. On July 29, 2016, the Defendant, while serving in a hotel with C and sexual intercourse, was sent to the hospital after being placed in a prop protopy transfusion, and during that process, the Plaintiff and F was found to have committed an unlawful act with C.

C In order to pay the Defendant’s medical expenses, C settled each of the credit cards in his/her name, KRW 4,135,050 on August 5, 2016, KRW 2,994,00 on August 10, 2016, and KRW 948,070 on August 24, 2016.

F around September 2016, around 2016, filed a lawsuit against the defendant and C seeking divorce and consolation money on the ground of fraudulent act between the defendant and C.

(C) On December 20, 2016, in the above case, a conciliation was concluded that “C shall pay 17.5 million won as consolation money to F until January 31, 2017, and if C does not pay the said money by the payment date, 15% per annum shall be added to the unpaid amount from the date following the above payment date to the date of full payment.”

C received KRW 17.5 million from the Plaintiff on January 31, 2017, and paid the said money to F on the same day as consolation money for the said adjustment.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 8, 9, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The nature of the marriage is the third party who suffered the liability for damages by committing an unlawful act against either side of the married couple.

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