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(영문) 광주지방법원 2019.11.28 2019가단516253
위자료
Text

1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and 5% per annum from June 11, 2019 to November 28, 2019; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 2, 2010, the Plaintiff is a legally married couple who has reported marriage with C on August 2, 2010 and has two children under the chain.

B. The Defendant, despite being aware that C is a father-son, took a sexual intercourse from January 2019, and had a sexual intercourse several times.

[Ground of recognition] Gap's evidence Nos. 1, 8, 9, and 10, Gap's evidence No. 3-10, the whole purport of the pleading

2. Determination:

A. A. A third party’s liability for damages may not interfere with a married life falling under the essence of marriage by intervening in a marital life of another person. A third party’s act of infringing on a marital life falling under the essence of marriage by committing an unlawful act with one of the married couple, interfering with the maintenance thereof, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse (see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, an unlawful act under Article 840 subparag. 1 of the Civil Act includes any act that is larger than the so-called spouse’s duty of care, and is larger than the so-called spouse’s duty of care, it should be evaluated in consideration of the degree and circumstances depending on each specific case (see, e.g., Supreme Court Decision 92Meu68, Nov. 10, 192).

Therefore, the defendant is obliged to pay back the mental suffering suffered by the plaintiff due to such unlawful act in money.

B. The scope of liability for damages and the marriage period of the Plaintiff and C, their family relations, the details and duration of the Defendant and C.

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