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(영문) 대전지방법원 2019.12.17 2019가단109244
위자료
Text

1. The Defendant’s KRW 10 million to the Plaintiff, as well as 5% per annum from April 12, 2019 to December 17, 2019.

Reasons

1. Facts of recognition;

A. On November 13, 2002, the Plaintiff is a legally married couple who completed a marriage report with C on November 13, 2002 and has three children under the slur.

B. From February 19, 2019, the Defendant committed an unlawful act, such as taking part in a line around February 23, 2019, with C’s work bonus, or taking part in a line around February 23, 2019, with C’s residence from February 21, 2019 to February 21, 2019, while taking part in a line of interest with C, with knowledge that C had a legal spouse, and going to travel abroad, or residing in the Daejeon Pungdong-gu D, which C borrowed free of charge.

[Reasons for Recognition] Each entry, voice, and pleading set forth in Gap evidence Nos. 1 through 12 (including paper numbers)

2. Determination

A. According to the above facts finding that the Defendant committed an unlawful act interfering with the Plaintiff’s common life with C, and thereby, it is reasonable to deem that the Plaintiff suffered emotional distress due to the Plaintiff’s infringement of the Plaintiff’s spouse’s right as the spouse of C.

Therefore, the defendant is liable to compensate for mental damage suffered by the plaintiff unless there are special circumstances.

In regard to this, the Defendant asserted that the marital relationship between the Plaintiff and C was in distress due to the agreement to divorce around October 2017, 2017, which was prior to the maturity of the agreement with C, but there is no evidence to acknowledge it. Rather, although the Plaintiff and C agreed to divorce by agreement with the Plaintiff, that is, the agreement between the Plaintiff and C was written, it is only recognized that the Plaintiff and C reached a mutual agreement between them and C around August 2018.

Therefore, the defendant's above assertion is without merit.

B. Considering all the circumstances, such as the scope of damages and the degree and duration of the unlawful act committed by the Defendant and C, the period of marriage and family relationship between the Plaintiff and C, and the impact of the Defendant’s improper act on the Plaintiff’s common life, the amount of consolation money that the Defendant is liable to compensate to the Plaintiff is reasonable.

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