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(영문) 수원지방법원 2021.03.30 2020가단557022
위자료
Text

The defendant's KRW 20,000,000 to the plaintiff and its related 5% per annum from October 16, 2020 to March 30, 2021.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on April 4, 2006, and have two minor children among them.

B. On July 16, 2019, the Defendant first met with C at a meeting of a branch of a branch of a branch of a branch of a branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of C. From July 22, 2019 to February 21, 2020 to the time C is discovered to the Plaintiff as a legally spouse, with the knowledge that C

(c)

The Defendant conspiredd with C by July 2020, 200, even after the Plaintiff was discovered as above.

【Ground of recognition】 In the absence of dispute, Gap evidence Nos. 1, 2, 4 through 10, Eul evidence Nos. 1 through 11 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. 1) In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as the spouse, thereby causing emotional distress to the spouse, by committing a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 2014). 2) According to the above facts of recognition, the Defendant committed an unlawful act with C, knowing that he/she is a spouse, thereby infringing on the Plaintiff’s communal life with C or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse. Accordingly, the Defendant is liable to compensate for emotional distress inflicted upon the Plaintiff.

B. In full view of all the circumstances revealed in the arguments and records, such as the scope of damages and the marriage period and family relationship between the Plaintiff and C, the content, period, and degree of the unlawful act committed by the Defendant and C, the impact of the Defendant’s improper act on the Plaintiff’s marital life, and the circumstances after the occurrence of such unlawful act, the amount of consolation money shall be set at KRW 20,

(c)

According to the theory of lawsuit, the defendant is liable to the plaintiff for damages caused by the illegal act in 20,000 and the defendant is liable to do so.

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