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(영문) 인천지방법원 2018.01.19 2017가단11765
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from May 14, 2017 to January 19, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff married with C on December 17, 1980.

B. After becoming aware of C around 2015, the Defendant maintained inappropriate relations, such as exchanging dialogues with the content that C knew of the fact that C is a father-Nam.

C. Even after the filing of the instant lawsuit, the Defendant continued to proceed with C with C, and continued to accept a divorce.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 [the defendant's evidence Nos. 3 (Recording)] asserted that the admissibility of evidence should be denied as illegally collected evidence. However, even if it is illegally collected, the issue of evidence issuance under the Civil Procedure Act of Korea, which adopts the principle of free evaluation of evidence, belongs to the discretion of the fact-finding court (see Supreme Court Decisions 80Da2314, Apr. 14, 1981; 97Da38435, Dec. 23, 1998). The defendant's argument is not accepted. And even if the above evidence is excluded, other evidence alone can sufficiently recognize the above facts of recognition], each statement, video, and the purport of whole pleadings.

2. Determination on the cause of the claim

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the defendant committed an unlawful act with knowledge that C is a spouse, and the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof.

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