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(영문) 수원지방법원성남지원 2017.09.01 2017가단203953
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 28, 2017 to September 1, 2017.

Reasons

Basic Facts

A. The Plaintiff is a married couple with C on December 31, 2007.

B. From around 2016, the Defendant came to know at a regional group of C and Gwangju City, with knowledge that C is a spouse, and developed into a relationship with a personal relationship, such as having sexual intercourse while lodging together in a telecom, and giving and receiving smuggling through Kakaox from time to time, and discovered fraudulent act against the Plaintiff around February 2017.

[Ground of Recognition] A without dispute, entry of Gap evidence Nos. 1 through 8, and the purport of the whole pleadings

A. A third party shall not interfere with a couple’s community life falling under the essence of marriage by intervening in a couple’s community life of another person and causing failure of a couple’s community life. A third party’s act of infringing upon or interfering with a couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on a spouse’s right as a spouse, thereby causing mental distress to the spouse, constitutes tort in principle (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). In this case, “unlawful act” refers to a broad concept that includes adultery and includes adultery, but does not reach the adultery, any unlawful act that does not comply with the marital duty of the married couple, and whether it is an unlawful act shall be evaluated in consideration of the degree and circumstances depending on the specific case.

(See Supreme Court Decision 88Meu7 delivered on May 24, 198, and Supreme Court Decision 92Meu68 delivered on November 10, 1992, etc.) B.

Examining the above facts in light of the above legal principles, the defendant committed an illegal act continuously for a considerable period with knowledge that C is a spouse, and the defendant's act constitutes an infringement of the marital relationship between the plaintiff and C, or interfered with its maintenance. Therefore, the defendant is obliged to pay the mental suffering suffered by the plaintiff in money.

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