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(영문) 수원지방법원 2018.08.22 2017가단538038
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 2, 2017 to August 22, 2018.

Reasons

1. Basic facts

A. The plaintiff is a legal spouse of C who completed the marriage report on March 11, 2005, and there are two children between the plaintiff and C.

B. The Defendant, as a drama actors, became aware of C, a motion picture supervisor around 2015, and committed unlawful acts, such as having sexual intercourses several times with C, knowing that C had a spouse from the end of 2015 to the end of 2016.

[Based on recognition] Unsatisfy, Gap evidence Nos. 1 through 14 (including each number in the case of additional numbers) and the overall purport of the pleadings [the defendant asserts that Gap evidence Nos. 10 and 13 is a motion picture scenario set forth in evidence Nos. 10 and 13, which is not a day of C. The defendant's statement of "manb" and the defendant as "manb" and it is written in a somewhat different way from the general one-day writing method. However, the defendant's title, performance period, performance place, etc. of the works performed by the defendant are identical to the actual ones, the situation of the performance period is also consistent with the date of actual departure from France, and therefore, it is reasonable to see Gap's evidence Nos. 10 and 13 as being written in detail, in light of the fact that Eul is a child with two children by marriage, and that another male is known to the defendant].

2. Determination

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage by committing an unlawful act with the spouse of the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant committed an unlawful act with C, the Plaintiff’s spouse.

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