(영문) 전주지방법원 2018.08.23 2018가단8165

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(영문) 전주지방법원 2018.08.23 2018가단8165

위자료

Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate of 5% from April 6, 2018 to August 23, 2018.

Reasons

1. Occurrence of liability for damages;

(a) Husband and wife shall bear the duty of living together or maintenance of common life of the husband and wife, and the husband and wife shall bear the sexual good faith that the husband and wife should not commit any unlawful act, and in case where either husband and wife has committed any unlawful act, the husband and wife shall be liable for damages caused by tort against the mental suffering which the spouse sustained;

On the other hand, a third party shall not interfere with a marital life equivalent to the essence of the marriage by intervening in a marital life of another person and causing the failure of the marital life. The third party's act of infringing on the marital life falling under the essence of the marriage by committing an unlawful act with the either side of the married couple, or interfering with the maintenance thereof, and infringing on the right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.

B. According to the statements in Gap evidence Nos. 1 through 6 (including spot numbers), and the witness's testimony and arguments, the plaintiff is a married couple who completed the marriage report on March 12, 1999. The defendant, despite being aware that C was a woman, was aware that C was a woman, while maintaining a friendly relationship with C, starting on July 2017 and maintaining a friendly relationship with C, around November 4, 2017, he was sexual intercourse. The plaintiff, around November 4, 2017, had known that C was between the defendant and the her mother with other persons and asked C of the fact that C was inter-party with the other person. Accordingly, the remaining son was somewhat become somewhat excellent, but the plaintiff was aware of the fact that C and the defendant had a telephone conversation at the time of coming to China on March 2018, and thus, the defendant was liable for the mental suffering of C and the defendant's tort as above.

2. Amount of consolation money; and

A. Cheating between the Defendant and C

유사 판례

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