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(영문) 의정부지방법원 2019.03.13 2018가단128081
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from January 19, 2019 to March 13, 2019 to the Plaintiff.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act.

3. Partial dismissal.

(a) A third party who has a liability for damages shall not interfere with a married life falling under the nature of marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

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 the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the purport of the respective statements and arguments and evidence Nos. 2, 3, 5, and 6 of the Plaintiff’s husband, the Defendant committed an unlawful act while maintaining a matrimonial relationship from June 2017, while knowing that the Plaintiff’s husband was a marital relationship. Accordingly, the Plaintiff and C’s marital relationship is at risk.

Therefore, the defendant's above improper act constitutes a tort, and the plaintiff suffered a considerable mental suffering. Therefore, the defendant is liable to compensate the plaintiff for damages arising from the above illegal act.

B. The amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 15 million, taking into account the following circumstances: the evidence and the purport of the entire pleadings, namely, the period of marriage between the Plaintiff and C, the Plaintiff’s age, occupation, economic situation, health status, the Plaintiff’s age, the Plaintiff’s child’s educational status, the period of teaching the Defendant and C, the details of misconduct, and the degree of failure in the marriage between

C. Accordingly, according to the resolution of the lawsuit, the defendant is the day following the delivery of a copy of the complaint of this case as sought by the plaintiff, as it is against the plaintiff as consolation money of KRW 15 million and its corresponding amount after the defendant's illegal act.

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