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(영문) 의정부지방법원 2019.06.26 2019가단102468
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from February 1, 2019 to June 26, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 17, 2008, the Plaintiff completed the marriage report with C on March 17, 2008, and one male and female child among them.

B. Around December 2011, the Defendant became aware of C through D, one’s spouse, and thereafter, from around December 2014, C with a teaching system and maintained internal relations.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 6 (including virtual numbers; hereinafter the same shall apply), Eul's 4, 9, and the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) A third party shall not interfere with a marital life which corresponds to the nature of the marriage, such as intervening in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). (B)

According to the above facts and evidence, it is recognized that the defendant committed an unlawful act, such as having sexual intercourse with C with awareness of the fact that he had a spouse, and thus infringed on and interfered with the maintenance of the marital life of the plaintiff and C, and that the plaintiff suffered a considerable mental suffering. Therefore, the defendant is obliged to pay consolation money for mental suffering suffered by the plaintiff.

3. Scope of damages.

A. As to the amount of consolation money due to mental distress, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 15 million, taking into account the following factors: (a) the Plaintiff and C’s period of marriage, the Plaintiff’s age, the Plaintiff’s children’s age, the teaching period between the Defendant and C, the details of the act, and the degree of the failure in the marriage between the Plaintiff and C

B. Therefore, the defendant shall pay consolation money to the plaintiff KRW 15 million and the plaintiff as to this.

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