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(영문) 서울중앙지방법원 2015.02.03 2014가단5088355
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 21, 2014 to February 3, 2015.

Reasons

1. Basic facts

A. The plaintiff and C are legally married couple who completed the marriage report on July 4, 2007, and have one child between them.

B. The Defendant and C came to know of the workplace rent of Dammms Co., Ltd., a semiconductor-related company located in Heung-gu, and the Defendant knew that he was a woman, and even came to know that he was a woman, the Defendant sent text messages with C, “If he wanted to come to come, it will come to turn off,” “I will come to turn off,” “I will come to come to turn off,” and “I will come to turn off,” and sent text messages with which he could come to come to come to the Jeju-do trip on June 1, 2013. In addition, on June 1, 2013, the Defendant sent to the Jeju-do trip.

C. The Plaintiff and C shared consultations on October 15, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The "illegal act of the spouse" is a wider concept including the adultery, and it does not reach the gap between the parties, but does not reach the gap between the parties, and all unlawful acts should be included therein, and whether it is an unlawful act or not should be assessed in consideration of the degree and situation of the specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.). In light of the following circumstances, such as: (a) giving and receiving text messages that the Defendant and C may give and receive in personal relations or that they may give and take; and (b) using the same room when the Defendant and C moved to Jeju-do on the 12th day of gambling, it is reasonable to deem that the Defendant and C maintained a personal relationship closely beyond the ordinary workplace rent.

C’s above act constitutes an unlawful act in which husband and wife’s duty of good faith is neglected, and the Defendant took part in such an unlawful act, thereby infringing upon the Plaintiff’s spouse’s right.

The defendant's tort is caused by the above tort.

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