(영문) 서울중앙지방법원 2019.10.10 2019가단5018856

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(영문) 서울중앙지방법원 2019.10.10 2019가단5018856

위자료

Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate of 5% from February 14, 2019 to October 10, 2019, and the following.

Reasons

Basic Facts

On December 30, 200, the Plaintiff is a legally married couple who completed a marriage report with C on December 30, 200, and two children (2003, 209) between them.

C, a doctor, was operating a private hospital, and the defendant was employed as an assistant nurse at C's hospital around April 2018.

The Defendant knowingly committed a fraudulent act with C from November 2018 to January 2019 with knowledge of the existence of his/her spouse.

[Based on the fact that there is no dispute, the entry and voice (including the number of copies) of Gap evidence 1 through 14, and the fact of the above recognition as to the cause of claim as to the whole purport of the pleadings, it is clear in light of the empirical rule that the defendant committed an unlawful act with knowledge that C is a spouse, and that the plaintiff suffered mental suffering due to such an act by the defendant.

Therefore, the defendant is obligated to pay a monetary reward for mental suffering suffered by the plaintiff.

In regard to this, the defendant asserts that the marital relationship between the plaintiff and C has already been extinguished or that it does not have a marital relationship with C, but it is not sufficient to recognize that the marital relationship between the plaintiff and C has already been extinguished only by the evidence submitted by the defendant, and there is no other evidence to recognize it, and that tort causing mental pain to the spouse is limited to sexual intercourse, so this part of the defendant's argument is rejected.

With respect to the amount of consolation money that the Defendant is liable to compensate, the consolation money shall be determined as KRW 10,00,000, in consideration of various circumstances shown in the pleadings of the instant case, including the health group, the content, period and degree of fraudulent act, the relationship between the Defendant and C, the marriage period and family relationship with the Plaintiff, the influence of fraudulent act on the marital life between the Plaintiff and C, and the Defendant’s attitude against the Plaintiff.

Therefore, the defendant is entitled to consolation money of KRW 10,000,000 as well as to the plaintiff after the due date.

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