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(영문) 광주지방법원 2019.02.21 2018가단524240
위자료
Text

1. The Defendant: 15,00,000 won to the Plaintiff, and 5% per annum from July 13, 2018 to February 21, 2019, and the next day.

Reasons

1. Basic facts

A. The Plaintiff and the deceased C (hereinafter “the deceased”) are married on or around December 201, 201 and completed the marriage report, and have one male female under the chain.

B. From January 2018 to April 2018, the Deceased sent the Deceased’s children to the Taekwondo House operated by the Defendant. From January 2018 to April 2018, the Deceased provided a teaching system with the Defendant, and as well, took part in the trip or was accommodated in the telecom.

C. On May 2018, the Plaintiff and the Deceased filed an application for divorce with the first policeman. On June 22, 2018, the day following the Plaintiff’s submission of the instant complaint, the Deceased committed suicide.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion and the Defendant committed an unlawful act, which caused the failure of the marriage between the Plaintiff and the Deceased, and not only caused the failure of the marriage between the Plaintiff and the Deceased, but also caused suicide, so the Defendant is liable to pay consolation money of KRW 200,000,000 to the Plaintiff as compensation for damages caused by a tort.

B. 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, thereby infringing on the common life of the married couple falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes a tort in principle.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above facts of recognition, it is recognized that the Defendant, despite being aware of the existence of a marital relationship between the Plaintiff and the deceased, took part in the unlawful act of violating the duty of good faith against the Plaintiff, who is the spouse of the deceased.

Therefore, the defendant is liable for the mental damage suffered by the plaintiff in money.

On the other hand, the deceased.

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