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(영문) 대구지방법원김천지원 2020.08.19 2020가단31810
위자료
Text

1. The defendant's KRW 15,00,000 and about this, 5% per annum from March 31, 2020 to August 19, 2020 to the plaintiff, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff married with C on October 4, 2007 and has two children.

B. On November 2019, the Defendant became aware of C through the open hosting of the Kakakao Stockholm, and even after being aware of C’s spouse’s existence, he was only a policeman in December 2019, and had sexual intercourses twice.

C. Meanwhile, the Plaintiff and C maintain marital relations until the date of the closing of the instant argument.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul evidence and the purport of the whole pleadings

2. In principle, a third party who has a liability for damages, by committing an unlawful act with the spouse, thereby infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse, constitutes a tort (Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). Accordingly, a third party who has a liability for damages is obliged to suffer mental suffering suffered by the spouse.

Examining the above facts in accordance with the above legal principles, it is reasonable to view that the defendant knowingly committed an unlawful act with the knowledge that C is a spouse, thereby infringing upon or interfering with the marital community life and infringing upon the plaintiff's spouse's right as the spouse of C, thereby suffering from mental suffering. Therefore, the defendant has a duty to pay back with money for mental suffering suffered by the plaintiff.

3. As to the amount of consolation money that the Defendant is liable to compensate, the amount of consolation money shall be determined as KRW 15,00,000, in full view of all the circumstances shown in the pleadings of the instant case, such as health team, the period of and degree of family relationship between the Plaintiff and C, the period and degree of the misconduct of the Defendant and C, the influence of the above misconduct on the marriage between the Plaintiff and C, and circumstances

Therefore, the defendant is entitled to KRW 15,000,000 for the plaintiff and the plaintiff.

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