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(영문) 의정부지방법원 고양지원 2021.03.25 2020가단83801
위자료
Text

1. The defendant is 5% per annum from June 18, 2020 to March 25, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 7, 2013, the Plaintiff is a spouse under law who has completed a marriage report with C.

B. From July 2019, the Defendant knowingly committed unlawful acts, such as having sexual intercourse with C, with the knowledge that C was her father-Nam.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 4 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. A. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of a third party and causing failure of a couple’s communal living. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple, and a third party shall not interfere with a couple’s communal living falling under the essence of marriage by infringing on or interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple and his/her spouse, and thereby infringing on his/her right as the spouse’s spouse, thereby causing mental pain to the spouse, in principle, constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201). (b) According to the above acknowledged facts, the defendant is a spouse, even though he/she knows that he/she is his/her spouse, and thus, even having knowledge that he/she is the spouse, thereby infringing on the Plaintiff’s rights as a spouse.

(c)

B. It is reasonable to determine the amount of consolation money as KRW 15 million in consideration of the health team, the marriage period of the Plaintiff and C, the family relationship, the period in which the relationship with the non-wheeled family continues, and all other circumstances revealed in the arguments of this case, as to the amount of consolation money that the Defendant is liable for.

(d)

Therefore, the defendant is 5% per annum under the Civil Act from June 18, 2020 to March 25, 2021, which is the date of this decision, from June 18, 2020, which is the day after the day when the plaintiff sent a copy of the complaint of this case to the plaintiff.

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