logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.08.30 2019가단113223
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 29, 2019 to August 30, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on March 6, 2007, and two children are under the chain.

B. C and the Defendant maintained a connection for a number of years. During that process, they frequently expressed a mobile phone D, etc., there was a fact that they are traveling abroad, and they continued to travel abroad several times.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 7, and 9 (including each number in case of a tentative number), the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the above facts of recognition, the Defendant, even though having knowledge of the existence of a spouse, committed an unlawful act with C, thereby infringing on the communal life of the married couple falling under the essence of marriage, interfering with the maintenance thereof, infringing on the Plaintiff’s spouse’s right as his/her spouse, and thereby infringing on the Plaintiff’s right as his/her spouse, is obvious in light of the empirical rule that the Plaintiff suffered severe mental pain, and thus, the Defendant

The defendant asserts that the marital life of C and the plaintiff had already been broken down, but there is no evidence to acknowledge it, and this part of the defendant's assertion is rejected.

B. As to the amount of consolation money that the Defendant is liable to compensate, the arguments of this case, including health team, the content, period and degree of fraudulent act, the relationship between the Defendant and C, the marriage period and family relationship between the Plaintiff and C, the influence of the illegal act on the marital life between the Plaintiff and C, and the attitude of the Defendant against the Plaintiff.

arrow