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(영문) 의정부지방법원 2016.08.10 2016가단103293
위자료
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of 5% from February 27, 2016 to August 10, 2016, and the following.

Reasons

1. Establishment of liability for damages;

A. A third party of the relevant legal doctrine shall not interfere with a married couple’s community life, which falls under the essence of marriage, by intervening in a couple’s community life of another person and causing failure of a couple’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 201Meu2997 Decided November 20, 2014).B.

In fact, the plaintiff has completed the marriage report on December 24, 2007 with C and the plaintiff has been maintaining a marital life until now.

From July 2014, the Defendant brought to Korea with C, while having been aware of the fact that C had a spouse by marriage, and committed unlawful acts such as having a sexual intercourse and having a sexual intercourse with C while continuing to contact until December 2015.

[Reasons for Recognition] Unsatisfy, Gap 1, 4, 5, and 6's statements, the purport of the whole pleadings

C. According to the above facts of determination, the defendant's above act constitutes a tort against the plaintiff, and since it is obvious in light of the empirical rule that the plaintiff had suffered considerable mental suffering, the defendant is obligated to compensate for mental suffering suffered by the plaintiff.

2. Considering the various circumstances revealed in the pleadings of the instant case, such as the scope of liability for damages and the period of marriage between the Plaintiff and C, the period of fraudulent act between the Defendant and C, the fact that the marital relationship between the Plaintiff and C does not reach a failure, and the Defendant denies and does not reflect the fraudulent act with C, it is reasonable to determine the amount of consolation money as KRW 25,00,000.

Therefore, the Defendant’s damages amounting to KRW 25,00,000 and the Defendant’s damages amounting to the Plaintiff after the completion of the tort, as sought by the Plaintiff, from February 27, 2016, following the delivery date of the copy of the complaint of this case.

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