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(영문) 대전지방법원천안지원 2020.06.10 2020가단103135
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from June 15, 2019 to June 10, 2020, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff and C are married couple who completed the marriage report on April 6, 2009, and have two children.

B. The Defendant, as a ice instructor, worked in the Eice Center, such as C, and even being aware that C is his/her spouse, she committed an unlawful act by probnating C with his/her spouse from the end of 2018.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 1, 2, and 5, and the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse, thereby infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort in principle;

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015). According to the above fact-finding, the Defendant, even though being aware that C is a spouse, committed an unlawful act with C and thereby inflicted mental pain on the Plaintiff, is liable to compensate for such damage.

The amount of consolation money shall be determined as KRW 20,00,000, taking into consideration the various circumstances shown in the pleadings of this case, such as the period of marriage between the Plaintiff and C, the age of children, the content and degree of fraudulent act of the Defendant and C, the impact of fraudulent act on the Plaintiff’s common life, the circumstances after the occurrence of the fraudulent act, and the Plaintiff’s withdrawal of the lawsuit against C when seeking the payment of damages for joint tort against C and the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 20,000 and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from June 15, 2019 to June 10, 2020, which is the date of this decision, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is partly accepted within the above scope of recognition.

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