logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.04.02 2018가단248342
위자료
Text

1. The Defendant amounting to KRW 15 million to the Plaintiff and the Plaintiff’s annual rate of 5% from October 11, 2018 to April 2, 2019.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report in 2014.

B. The Defendant, as a workplace bonus of C, has been aware that C had a spouse, with C from May 2018, with the knowledge that C had a spouse.

C. After the filing of the instant lawsuit, the Defendant and C sent a large number of times a day on November 28, 2018, and sent a D conversation, and C was a witness to enter the Defendant’s office at night on September 5, 2018, and September 7, 2018, and recorded a conversation indicating that the Defendant and C had a sexual intercourse with C in the C Motor Vehicle Track.

[The fact that there has not been any dispute, the entries in Gap's evidence 1 through 3, 10, 11, 13, and 14, and the purport of the whole oral argument]

2. Determination as to the cause of action

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts, the defendant is obliged to pay consolation money to the plaintiff, on the grounds that the defendant, even though having knowledge of the existence of spouse C, commits an unlawful act, such as having a sexual intercourse with C and continuing to meet with C, thereby infringing on the marital life falling under the essence of marriage or interfering with its maintenance, infringing on the plaintiff's spouse's right as the plaintiff's spouse, and thereby recognizing that the plaintiff suffered considerable mental suffering.

B. The amount of consolation money shall be determined in consideration of various circumstances shown in the pleadings of the instant case, such as the period, contents, and degree of unlawful act, the minor child (the child of 2014) committed between the Plaintiff and C, the influence of unlawful act on the married life of the Plaintiff and C, and the attitude of the Defendant committed against the Plaintiff after such unlawful act was revealed.

arrow