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(영문) 제주지방법원 2021.02.08 2020가단6619
위자료
Text

1. The defendant's KRW 10,000,00 and about this, 5% per annum from October 29, 2020 to February 8, 2021 to the plaintiff.

Reasons

Plaintiff’s assertion

The summary of the plaintiff is C and the legal couple married on April 3, 2009.

From C and in 2017, the Defendant committed an illegal act and thereby suffered mental damage to the Plaintiff.

Therefore, the defendant is obligated to pay consolation money for mental damage to the plaintiff.

Judgment

A third party who has a liability for damages shall not interfere with a married couple's communal life which falls under the nature of marriage, such as interfering with a couple's communal life by causing a failure of the married couple's communal life.

In principle, a third party’s act of infringing on or impeding the maintenance of common life of the married couple falling under the essence of marriage by committing an unlawful act with the spouse and infringing on the spouse’s rights as the spouse, thereby causing mental pain to the spouse constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 2014). In full view of the purport of pleadings as a whole, the Plaintiff is a legally married couple who reported marriage on April 3, 2009; the Plaintiff and C have two children; C and the Defendant committed an unlawful act from around 2017.

According to the above facts of recognition, the defendant suffered mental damage to the plaintiff by committing unlawful acts with C.

It is reasonable to view it.

Therefore, the defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

The scope of liability for damages lies in the following: (a) the duration of marital life between the Plaintiff and C, family relationship, the age, occupation, and occupation of the Plaintiff and C; and (b) the Defendant sent to the Plaintiff any text message containing abusive language over several times; and (c) the Plaintiff’s threat, such as: (a) the Defendant sent the Plaintiff any text message containing abusive language; and (b) the Plaintiff’s attempt to see the Plaintiff’s school attendance or distribute the pictures taken together with C.

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