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(영문) 서울중앙지방법원 2017.03.23 2016가단5179316

손해배상(기)

Text

1. The Defendant’s KRW 10 million to the Plaintiff and the Plaintiff’s 5% per annum from October 7, 2016 to March 23, 2017.

Reasons

According to each of the statements and arguments in Gap evidence 1 through 7, the plaintiff is the spouse of C, and the defendant is recognized as having committed unlawful acts, such as sexual intercourse with C and 3 times even though he knows that C is a woman with his spouse around June 2016, - around July 2016, he knows that C is a woman with his spouse.

In consideration of the circumstance and frequency between the parties, the defendant's age (D students, 23 years old), and the fact that the plaintiff did not submit materials that filed a divorce or consolation lawsuit against C, the plaintiff shall determine the consolation money of the plaintiff KRW 10 million.

Therefore, as the Plaintiff seeks from October 7, 2016, the delivery date of a copy of the complaint of this case, to March 23, 2017, which is the date of this decision, the Defendant is obligated to pay damages for delay at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.