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(영문) 서울서부지방법원 2020.08.14 2020가단212876
위자료
Text

1. The defendant's KRW 30,000,000 per annum for the plaintiff and 5% per annum from March 7, 2020 to August 14, 2020.

Reasons

1. Facts of recognition;

A. On October 19, 2016, the Plaintiff has two minor children under the chain of law as a married couple who completed the marriage report with C on October 19, 2016.

B. From October 2019, the Defendant developed C from around October 2019 to the relationship of friendship, and committed an unlawful act knowing C’s spouse.

다. 피고는 C에게 “끝날 사람들. 안볼 사람들이야.”, “널 짐승처럼 생각했으면, 너도 똑같이 걷어차버리고 나와 그냥”, “어짜피 밝혀진거. 계획대로 가자”, “그 사람은 이제 당신에게 얻을 건 돈뿐이야.”, “오늘 서류 쓸거니 뭘 글케 정리하는데 ”라는 내용의 문자메시지를 보내 이혼을 종용하였다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) A third party shall not interfere with a married couple’s community life falling under the essence of marriage by intervening in a married couple’s community life by causing failure of a married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with a married couple, and infringing on the spouse’s right as a spouse, thereby causing mental distress to the spouse, in principle, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) As seen earlier, the Defendant, even though he/she is aware that he/she is a spouse, while maintaining an inappropriate relationship with C from October 2019, while maintaining the marital relationship with C and maintaining it was committed in violation of and interfering with the maintenance thereof, is obvious in light of empirical rule that the Plaintiff suffered mental distress due to the above Defendant’s tort, and thus, the Defendant is obligated to do so.

B. As to the amount of consolation money within the scope of compensation, the period of fraudulent act between the defendant and C, and the defendant's unlawful act with C.

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