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(영문) 수원지방법원 2021.03.11 2020가단548653
위자료
Text

The defendant's KRW 15,00,000 and its relation to the plaintiff shall be 5% per annum from August 27, 2020 to March 11, 2021.

Reasons

1. The Plaintiff and C are legally married couple who completed the marriage report on October 4, 2019.

Since May 2020, the Defendant maintained improper relations with C by being aware that C had a spouse while working in the same workplace, such as exchanging the high-level sexual dialogue with C on the weekend, etc.

[Ground of recognition] Unsatisfy, Gap's statements or voices, and the purport of whole pleadings

2. Determination

A. 1) The act that a third party of the relevant legal principle infringes on a couple’s communal life falling under the essence of marriage or interferes with the maintenance thereof and infringes on the spouse’s right as the spouse and thereby inflict mental pain on the spouse by committing a tort in principle (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The term “unlawful act” in this case is a broad concept that includes adultery, and it includes any and all unlawful acts that do not reach the couple’s emotional duty, but are not faithful to the husband’s emotional duty. Whether it constitutes an unlawful act or not shall be evaluated in consideration of the degree and circumstances depending on a specific case (see, e.g., Supreme Court Decisions 8Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). Thus, according to the Plaintiff’s mental suffering or interfere with the Plaintiff’s spouse’s right, the Defendant is aware that the Plaintiff’s spouse was a spouse’s mental suffering or interfere with C’s right.

B. The records and arguments of this case, such as the scope of damages and the marriage period and family relation of the Plaintiff C, the contents, period and degree of fraudulent act, the impact of the Defendant’s improper act on the Plaintiff’s common life of both spouses, the circumstances after the fraudulent act, and the attitude of the Defendant

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