(영문) 서울북부지방법원 2015.06.12 2014가단123863

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2015.06.12 2014가단123863

위자료

Text

1. The defendant shall pay 18,00,000 won to the plaintiff and 20% per annum from June 13, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal couple who reported the marriage on November 28, 1994 and has three children between C and C.

B. The Defendant, knowing that C has a spouse, brought about an inappropriate relationship from around 2012 to 2014, such as having a sex relationship with C and continuously exchanging currencies and letters, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 7-1 and 2, Gap evidence 8 video, fact-finding results of this court's fact-finding against El Plus Co., Ltd., the purport of the whole pleadings

2. Determination

(a) A person who has a spouse for liability for damages or a person who has committed an unlawful act shall constitute a tort against his/her spouse, and shall have the obligation to inflict a mental suffering inflicted upon his/her spouse;

In addition, fraudulent acts stipulated in Article 840 subparagraph 1 of the Civil Code include all acts which are considered not to be faithful to the duty of mutual assistance of the married couple, even though they did not reach the common sense as well as the common sense.

According to the above facts of recognition, the defendant maintained improper relations with C while being aware of the fact that C has a spouse, and committed an unlawful act, which constitutes a tort against the plaintiff, who is a spouse under the law of C. Thus, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to such unlawful act.

B. In full view of all the circumstances shown in the arguments in the instant case, such as the scope of the liability for damages and the amount of consolation money that the Defendant is liable, the content and degree of the unlawful act committed by the Defendant and C, the period, the marriage period and family relationship between the Plaintiff and C, the impact of the Defendant’s unlawful act on the Plaintiff’s marital life, etc., it is reasonable to determine the amount as KRW 18,0

C. Accordingly, the defendant is liable to pay consolation money of KRW 18,000,000 to the plaintiff and it after the date of the above illegal act.

참조조문

-민법 제840조 제1호

유사 판례

-창원지방법원 2015.04.30 2014가단84902

-서울북부지방법원 2016.04.01 2015나32286

-서울남부지방법원 2016.02.03 2015가단28375

-대구지방법원서부지원 2015.05.20 2014가단31220

-대구지방법원 2016.11.10 2016가단103450