(영문) 서울서부지방법원 2018.10.16 2017가단228123

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(영문) 서울서부지방법원 2018.10.16 2017가단228123

위자료

Text

1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from September 26, 2017 to October 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a married married couple on February 17, 2015 with C, and two minor children under the chain.

B. The Defendant graduated from the same school as C, and even though C was aware that it was a legally married person, C had sexual intercourse with C around May 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, voice, testimony of witness C, purport of whole pleadings

2. Determination as to the cause of action

(a) A third party shall not interfere with a married couple's community life falling under the nature of marriage, such as intervening in a couple's community life of another person and causing a failure of the couple's community 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, thereby causing mental pain to the spouse shall constitute a tort.

B. In light of the above legal principles, the defendant entered into an illegal relationship with C, thereby hindering the maintenance of marital and marital life between the plaintiff and C, or hindering at least the maintenance thereof.

In addition, the plaintiff can be found to have suffered mental suffering due to the above misconduct of the defendant, so the defendant's above misconduct constitutes a tort against the plaintiff.

Therefore, the defendant is obligated to pay the plaintiff monetary compensation for mental suffering suffered by the plaintiff.

C. In light of the above evidence and all the circumstances revealed in the argument of this case, namely, the marriage period of the Plaintiff and C, children relations, the circumstances leading to the instant misconduct, the details and degree of the misconduct, and the influence and degree of the marriage between the Plaintiff and C, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 10 million.

3. Conclusion: the defendant 1.1.

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