(영문) 서울동부지방법원 2020.04.23 2019가단145916

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(영문) 서울동부지방법원 2020.04.23 2019가단145916

위자료

Text

1. The Defendant shall pay to the Plaintiff KRW 15,00,000 and the interest rate of KRW 12% per annum from September 1, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 22, 2004, the Plaintiff and C reported marriage and provided two children under the chain.

B. The defendant was the employee pay of the same company as C.

The defendant, knowing that he/she has a spouse C, committed unlawful acts, such as beginning with the teaching system from April 26, 2019 and having sexual intercourse at least 12 times.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, purport of whole pleadings

2. Determination

A. In principle, a third party who has established a liability for damages causes mental distress to the spouse by infringing on or interfering with a couple's communal life falling under the essence of marriage and infringing on a spouse's right as the spouse by committing an unlawful act with the spouse, constitutes a tort.

According to the above facts of recognition, the defendant committed an unlawful act with C, who is the spouse of the plaintiff, and thereby infringed on the marital life between the plaintiff and C or obstructed their maintenance, thereby suffering mental pain to the plaintiff. Thus, the defendant is obliged to pay monetary compensation to the plaintiff.

B. Prior to the scope of damages compensation, the following circumstances are considered: (a) the period of marriage and family relationship between the Plaintiff and C; (b) the content, period, and degree of the unlawful act committed by the Defendant and C; (c) the influence of such unlawful act on the marital relationship between the Plaintiff and C; and (d) circumstances after such unlawful act was discovered; and (c) the amount of consolation money that the Defendant is liable to compensate the Plaintiff is reasonable

C. The Defendant is obligated to pay to the Plaintiff the solatium 15,00,000 and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 1, 2019 to the day of full payment, as the Plaintiff seeks.

3. The plaintiff's claim for the conclusion is justified within the scope of the above recognition, and the remainder is justified.

참조조문

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