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(영문) 인천지방법원 2018.01.17 2017가단236700
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from September 8, 2017 to January 17, 2018.

Reasons

1. On December 20, 2012, the Plaintiff completed the marriage report with Nonparty C on December 20, 2012, and the Defendant, from June 2016 to March 2017, can be sufficiently recognized by the following: (a) the fact that the Plaintiff was in in inhuman relationship, including physical relationship, such as having been informed of the fact that he/she had been in contact with Nonparty C several times from June 2016 to March 2017 by telephone; (b) the Plaintiff was in contact with the mother; (c) the Plaintiff was in contact with the mother; and (d) the departure from the Republic of Korea as a foreign country; or (d) there is no dispute between the parties; or (d) the respective entries and images of the evidence Nos.

2. Determination:

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). According to the foregoing facts, the Defendant committed an unlawful act even when C knew of the fact in a marital relationship with the Plaintiff, thereby infringing on or interfering with the Plaintiff’s community life and infringing on the Plaintiff’s spouse’s right as the spouse, and thereby suffering mental distress, the Defendant is liable to compensate the Plaintiff for mental distress.

B. Comprehensively taking into account the following factors: (a) the scope of liability for damages and the period of marriage and family relationship between the Plaintiff and C; (b) the developments leading up to which C and the Defendant met; (c) the period and content of the unlawful act committed by C and the Defendant; (d) the degree of failure in marriage; and (e) the Plaintiff’s awareness of the aforementioned unlawful act in the course of pregnancy and delivery, thereby suffering considerable

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