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(영문) 창원지방법원진주지원 2020.09.16 2020가단33601
위자료
Text

1. The defendant shall pay to the plaintiff KRW 12,00,000 as well as 5% per annum from April 25, 2020 to September 16, 2020 and thereafter.

Reasons

1. A third party of a related legal doctrine shall not interfere with a married couple’s community life falling under the essence of marriage, such as interfering with a couple’s community life by causing a failure of a married 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 (see, e.g., Supreme Court en banc Decision 2011Meu2997). Meanwhile, “illegal conduct by a spouse” under Article 840 Subparag. 1 of the Civil Act is a wider concept including adultery, which does not reach the common sense, but does not reach the common sense, and includes any unlawful conduct that is not faithful to the husband’s duty of good faith, and whether it is an unlawful conduct or not should

(See Supreme Court Decision 2010Meu4095 Decided November 28, 2013, etc.). 2. According to the purport of each of the statements and arguments and evidence Nos. 1 through 5 (including the virtual number) arising from liability for damages, the Plaintiff was a married couple who reported the marriage with C on November 11, 1995, and two children are under the chain, and the Defendant was aware of the marital relationship between C and the Plaintiff from Oct. 28, 2015 to Jun. 2019.

According to the above facts of recognition, the defendant violated or interfered with the maintenance of the common life of the plaintiff and C, and the fact that the plaintiff suffered mental suffering is sufficiently ratified in light of the empirical rule. The defendant's improper act constitutes tort under the Civil Act.

Therefore, the defendant is obligated to pay consolation money for mental damage suffered by the plaintiff due to the above tort.

The plaintiff and the defendant agreed to bring an action against the above illegal acts.

or the plaintiff against the defendant.

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