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(영문) 대전지방법원 2020.05.21 2018가단226302
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from December 1, 2018 to May 21, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who completed the marriage report with C on August 5, 1998 and has two children under the chain.

B. From August 2007 to August 201, 2016, the Defendant served as the nursing director and the senior secretary in the Dvalescent Hospital operated by C (hereinafter “instant convalescent Hospital”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that C had been married with the Plaintiff was aware of the fact that C had been married, and around 201, the Defendant revealed that C had been married through the Defendant’s spouse, and the Defendant promised not to meet C with the Plaintiff around the second half of 2011.

However, even thereafter, the Defendant continued to commit an unlawful act with C and C, which is difficult to recover the marital relationship between C and C.

As a result, since the defendant's wrongful act seriously infringes the common life of the couple between the plaintiff and C, the defendant is obligated to pay the plaintiff the consolation money of KRW 40,000,000 as damages for the above unlawful act.

B. Although the defendant's assertion that the defendant was forced to leave due to C and one-day problem, there is no fact that the defendant committed a fraudulent act as alleged by the plaintiff.

Even as alleged by the Plaintiff, there was an inappropriate relationship between the Defendant and C in 2011.

Even if so, the plaintiff's right to claim damages against the defendant was completed before the lawsuit of this case is filed.

3. Determination as to the cause of action

A. A third party of the relevant legal doctrine shall not interfere with a married couple’s community life, which falls under the essence of marriage, by intervening in a couple’s community life of another person and causing failure of a couple’s community life.

A third party who commits an unlawful act with either side of the couple, thereby infringing on or impeding the maintenance of a marital life corresponding to the essence of marriage, and infringing on the right as the spouse.

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