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(영문) 대전지방법원 2019.03.05 2017가단226794
위자료
Text

1. The defendant shall pay five million won to the plaintiff and 5% per annum from December 12, 2017 to March 5, 2019.

Reasons

1. Facts of recognition;

A. On December 30, 1991, the Plaintiff is married with C on December 30, 1991 and has 1 South and North knives.

B. The Defendant first met with C around spring in 2009, but around B of that year, even though C had been aware that C had a legal spouse, brought to the Republic of Korea as a relationship with C, and C had been in a ties with the Defendant, with the Plaintiff at latest due to her home and abroad, and with the Plaintiff from around 2012, which led to the failure of a matrimonial relationship with the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 6, Eul evidence 1, Eul evidence 1, Eul witness C's partial testimony, the purport of the whole pleadings

2. Determination

A. According to the facts of the establishment of tort, it is reasonable to view that the defendant committed an unlawful act interfering with the plaintiff's common life with C, and that the plaintiff suffered mental suffering due to the infringement of the plaintiff's spouse's right as the plaintiff's spouse against C.

Therefore, the defendant is liable to compensate for mental damage suffered by the plaintiff unless there are special circumstances.

In regard to this, the defendant asserts that the marital relationship between the plaintiff and C was in distress before the maturity of the marital relationship with C, but as seen earlier, from around B of 2009, the failure of the marital relationship between the plaintiff and C was caused by the defendant from around B of 2009, prior to the failure of the marital relationship with C, and there is no evidence to prove that the marital relationship between the plaintiff and C had already been caused by the failure of the marital relationship with C around 2009, the defendant's assertion is without merit.

B. Taking into account all circumstances such as the scope of damages and the actual period of marriage between the Plaintiff and C, the content, degree, and duration of the Defendant and C’s wrongful act, and the circumstances surrounding the Plaintiff’s claim for consolation money in this case after five years from the time of the failure of the marriage with C, it is reasonable to determine the amount of consolation money that the Defendant is liable to compensate the Plaintiff as five million won.

Therefore, the defendant is five million won and the service day of a copy of the complaint of this case to the plaintiff.

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