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(영문) 서울동부지방법원 2019.02.15 2018가단122688
위자료
Text

1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate from July 26, 2018 to February 15, 2019, and the following.

Reasons

1. The facts that the plaintiff and the non-party C (hereinafter referred to as "non-party C") completed the marriage report do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2.

2. The plaintiff's assertion that the plaintiff had a fraudulent act between the non-party and the defendant, and thus the defendant is obligated to pay 31 million won as consolation money to the plaintiff.

3. The act, in principle, of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as a spouse by a third party who has committed an unlawful act with the spouse of the married couple, thereby causing mental suffering to the spouse shall constitute tort; and

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). In full view of the overall purport of the pleadings in each video of evidence Nos. 4 and evidence Nos. 25-1 through 3, the Defendant, despite being aware of the existence of a matrimonial relationship between the Plaintiff and the Nonparty, was aware that the Nonparty had a matrimonial relationship, such as contact with the Nonparty and going to travel together, and the Defendant’s aforementioned act was involved in the Nonparty’s wrongful act in the Nonparty’s spouse’s breach of the duty of good faith.

Therefore, the defendant is liable for the mental damage suffered by the plaintiff in money.

4. Taking into account the circumstances acknowledged by the evidence and the purport of the entire pleadings, such as the scope of liability for damages, the marriage period of the Plaintiff and the Nonparty, the content and degree of the fraudulent act committed by the Defendant and the Nonparty, and the impact of the said fraudulent act on the marriage relationship between the Plaintiff and the Nonparty, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the

Therefore, the defendant shall serve the plaintiff the above KRW 13,00,000 and a copy of the complaint of this case sought from the plaintiff after the date of tort.

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