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(영문) 서울서부지방법원 2018.11.29 2018가단219027
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from June 15, 2018 to November 29, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on June 28, 2004 and have one child between them.

B. The Defendant became aware of the fact that C and the window was conducted.

C. From around 2016, the Defendant maintained a close-friendly relationship with C, knowing that C is a married spouse, and brought Plaintiff’s death to Plaintiff’s personal meeting. The Defendant was also familiar with the accommodation, such as the Maurel, etc.

On September 2017, the Plaintiff became aware of the relationship between C and the Defendant only with the knowledge that C was preparing for divorce proceedings by leaving C.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 17 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. 1) Even if a third party of the relevant legal doctrine is liable for damages, it shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a marital life of another person, causing a failure of a marital life. The third party’s act of infringing or interfering with the maintenance of a married couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing his/her spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the foregoing legal doctrine, according to the foregoing, the Defendant committed an unlawful act, such as aiding with C even though he/she is aware that he/she is a spouse of C, and the Defendant knowingly inflicted emotional distress to the Plaintiff by impairing or impeding

As such, there is a duty to compensate for mental damage suffered by the plaintiff.

B. As to the judgment of the defendant's assertion, the defendant has already reached the failure of the marriage between the plaintiff and C, and such an act constitutes a tort.

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