(영문) 대구지방법원김천지원 2019.12.24 2019가단33643

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(영문) 대구지방법원김천지원 2019.12.24 2019가단33643

위자료

Text

1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and 5% per annum from June 26, 2019 to December 24, 2019; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who reported the marriage on June 7, 199, and has one child between C and C.

B. C sent letters or currencies from time to time to time with the Defendant, who is the mother of the child’s school alumni, and the Defendant sent his photograph to C.

At the time, the defendant was aware that C had a legal spouse.

C. C prepared three copies of a letter stating that the Plaintiff ought to meet or contact the Defendant again. D.

The Plaintiff has maintained a marital relationship with C until the date of closing the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, 31, 40, 41 (including paper numbers) and the purport of the whole pleadings

2. Determination

(a) Where a person who has a spouse to be liable for damages commits an unlawful act with a person who has a spouse to be liable for damages, and the person who has committed an unlawful act, thereby causing the failure of the matrimonial relationship to the spouse, the person who committed the unlawful act and the spouse shall be liable to constitute a tort against the person's spouse, and thereby, inflict mental suffering

In addition, "Cheating" under Article 840 (1) of the Civil Code is a broad concept including any other fraudulent acts that are deemed not faithful to the husband's duty of mutual assistance, even if they did not reach the common sense as a wider concept, including the adultery.

As seen earlier, both the Defendant and C sent out from time to time with contact, and the Defendant sent his photograph, which is somewhat exposed to the body of the Defendant, and the above act of C constitutes a fraudulent act which lacks the duty of mutual assistance as a husband and wife, and the Defendant is determined to have participated in such an act, and therefore, the Defendant is deemed to have suffered from the Plaintiff.

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