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(영문) 서울중앙지방법원 2021.03.23 2020가단5198161
불법행위에 기한 위자료 청구의 소
Text

1. The defendant's KRW 10,000,000 and about this, 5% per annum from August 7, 2020 to March 23, 2021 to the plaintiff.

Reasons

Facts of recognition

Plaintiff

(190) On January 14, 2015, two minor children (2015, 2015, 2016, 2016, 199) were married with C (190, 200).

Defendant (198 students and women) worked as the Army Noncommissioned Officers (Hains) and committed unlawful acts by having several sexual relations with C from around April 2020, with knowledge of the fact that C, who served as a noncommissioned officer (Jins) in the same military unit, had been on March 2020, while commuting to and from work as C’s vehicle every day on March 2020.

C With the Defendant, the relationship with the Plaintiff has deteriorated, and accordingly, the Plaintiff and C applied for a divorce on April 13, 2020 and filed a report of a divorce on May 28, 2020.

After the divorce, the plaintiff is living together with his/her father and C are raising their children while living together with their children.

[Grounds for recognition] A. A. 1 to 8 evidence (including branch numbers) and a third party who is liable to compensate for damages arising from the overall purport of pleading by committing an unlawful act with either side of the married couple, thereby infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on his/her spouse’s rights as his/her spouse, thereby causing mental suffering, constitutes a tort in principle (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201). According to the above facts of recognition, the Defendant committed an unlawful act with C and the spouse, which is the Plaintiff’s spouse, thereby infringing on or interfering with the common life of the Plaintiff and C, and infringing on his/her spouse’s rights as the spouse, and thus, it is apparent in light of the empirical rule that the Plaintiff suffered mental suffering. Therefore, the Defendant is liable to compensate the Plaintiff for mental suffering.

With regard to the amount of consolation money within the scope of liability for damages, there are health room, the period of fraudulent act between the defendant and the defendant, the background leading up to the defendant's fraudulent act, the contents and degree of the fraudulent act, the marriage period and family relationship between the plaintiff and C, and the fraudulent act.

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