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(영문) 서울동부지방법원 2019.01.17 2017가단142876
위자료
Text

1. The Defendant’s KRW 10,000,000 for the Plaintiff and the following: 5% per annum from December 22, 2017 to January 17, 2019.

Reasons

1. Facts of recognition;

A. On June 23, 1992, the plaintiff (the plaintiff 1966 birth) is a legally married couple who completed the marriage report with C on June 23, 1992, and has 2 South Korea under the sus.

B. The Defendant first became aware of C by the introduction of the branch in spring in 2017, and started to be nearest.

피고는 C이 유부남인 사실을 알면서도 2017. 봄경부터 이 사건 소제기 무렵까지 자신의 D 오피스텔 E호에서 단둘이 수차례 만나거나 심야시간에 ‘잘자요~~♡♡’라는 문자를 주고받는 등 불륜관계를 유지하였다.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 10 through 12, 14, and 15, and the purport of the whole pleadings

2. Determination:

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby infringing on the spouse’s right as a spouse, thereby causing mental pain to the spouse constitutes tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above acknowledged facts, according to the above acknowledged facts, the Defendant, even though he was aware of a marital relationship with the Plaintiff, infringed on or obstructed the Plaintiff’s communal life by committing unlawful act with C, thereby infringing on the Plaintiff’s right as the spouse, thereby causing mental pain to the Plaintiff. Therefore, the Defendant is liable for compensation for mental distress suffered by the Plaintiff.

B. The amount of consolation money that the Defendant shall pay to the Plaintiff is KRW 10,000,00 in consideration of various circumstances shown in the pleadings of the instant case, such as the background leading up to a fraudulent act within the scope of damages, the details, period and degree of the fraudulent act, the marriage period and family relationship of the Plaintiff C, the Defendant’s attitude after the commission of the fraudulent act, and the impact of the Defendant’s fraudulent act on the Plaintiff’

C. According to the theory of lawsuit, the defendant seeks to the plaintiff as the consolation money of KRW 10,000,000 and its corresponding amount after the date of tort.

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