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(영문) 서울남부지방법원 2016.09.22 2016가단223207
위자료
Text

1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from June 9, 2016 to September 22, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and the non-party C are married couple who completed the marriage report on October 21, 1991, and the defendant is between C and the elementary school establishment.

B. Around December 2012, the Defendant met with C and the Dong Chang-gu group. On May 7, 2016 and the 13th day of the same month, upon being aware that C has a spouse, entered into a sex relationship with C.

C. Around May 13, 2016, the Plaintiff suspected of C’s conduct, she saw the Defendant as her frighter, thereby leaving C and the Plaintiff into the telecom, thereby resulting in the Plaintiff’s commission of C’s misconduct.

[Ground of recognition] Evidence Nos. 1, 2, A4-1, and 2-2, the whole purport of the pleading

2. The husband and wife of a board shall bear the duty of sexual sincerity that should not engage in any unlawful act, and when one of the husband and wife has committed any unlawful act, the husband and wife shall be liable to compensate for the mental suffering suffered by the spouse due to such unlawful act;

On the other hand, a third party shall not interfere with a married couple’s community life, which is the essence of the 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 Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the aforementioned facts, the Defendant committed an act of having sexual intercourse with C knowing that she is married and having a spouse, which constitutes a tort of infringing upon or interfering with common life of the married couple corresponding to the essence of marriage and infringing on the Plaintiff’s right as the spouse, thereby suffering mental pain on the Plaintiff.

Therefore, the defendant is liable for the mental damage suffered by the plaintiff due to an illegal act in money.

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