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(영문) 서울서부지방법원 2016.01.15 2015가단235684
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate of 5% from September 26, 2015 to January 15, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff and C were married on February 4, 2008, and two children (current seven and five years of age) were born between them, and all of their families move to Canada in 2011.

B. The Defendant, as C, elementary and middle school line, was a line between C, elementary and middle school line, and was well known to each other for a long time from the beginning of the school, was present at the Plaintiff and C’s marriage ceremony.

C. After having come to contact with the Plaintiff temporarily returned from around 2013, the Defendant: (a) had frequently contacted with Canadian via mobile phone (Kakakaok) around April 2015; (b) had been sent with C and his/her children returning to Korea on a monthly basis through approximately one-month period; and (c) had been sent with pet language or sexual expression that could frequently exchange with Canadian through a computer hosting program (NAV); (d) had been sent with C and C directly talked over several occasions or contacted C’s body by June 20, 2015; and (e) had sexual intercourse with C over approximately three and four occasions from June 20, 2015.

From July 2015 to July 2015, the Defendant made a demand to the effect that “I am shots and Kakaooox, etc., sent to C with the cellular phone or Kakaox, etc., by affixing the photo, shot photographs, and having no her husband and locked.”

[Ground of recognition] The fact that there is no dispute, Gap 1 through 7 (including paper numbers), Eul 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Determination

A. (1) In the event that a third party is liable for the failure of a matrimonial relationship by providing a “illegal act” under Article 840 subparag. 1 of the Civil Act with a spouse, the third party is liable for compensating for the damages to the spouse who suffered from the failure of the matrimonial relationship. The “illegal act” under Article 840 subparag. 1 of the Civil Act includes all acts that are not faithful to the duty of mutual assistance as spouse and are larger than the so-called “illegal act.”

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