logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.07.12 2017나214566
위자료
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report, and have minor children of 16 years of age and 11 years of age.

B. From May 28, 2017, the Defendant conspiredd with C from around May 28, 2017, and came to know of the fact that C is pro-Nam, but thereafter, C met with C and entered into a five-time gender relationship until June of the same year.

C. On July 1, 2017, the Plaintiff became aware of the relationship between C and the Defendant. At present, the Plaintiff and C filed an application for divorce and the relevant procedure is underway.

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

2. Determination:

(a) A third party who has a liability for damages shall not interfere with a married couple’s communal living which corresponds to the nature of marriage, such as interfering with a couple’s communal living by causing a failure of the married couple’s communal living

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(1) According to the facts acknowledged earlier, the Defendant committed an unlawful act, such as entering into a sexual relationship with C with the knowledge that C is a spouse, even though C was aware of the fact that C was a spouse. As such, it is obvious in light of the empirical rule that the Plaintiff was suffering from mental suffering due to the failure of the marital relationship with C, the Defendant is liable to pay consolation money to the Plaintiff as a tortfeasor.

B. As to the amount of consolation money within the scope of liability for damages, the following circumstances, which can be acknowledged by comprehensively considering the purport of all the arguments and arguments as seen earlier, namely, the Defendant, knowing that C is a spouse, led to the establishment of a sexual relationship several times with the knowledge that C is a spouse, and ② The Defendant’s misconduct continues for 16 years.

arrow