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(영문) 의정부지방법원고양지원 2020.06.12 2020가단74746

손해배상(기)

Text

1. The defendant's KRW 17,00,000 for the plaintiff and 5% per annum from March 19, 2020 to June 12, 2020, and the following.

Reasons

1. Facts of recognition;

A. On March 9, 1985, the Plaintiff completed a report of marriage with C on March 9, 1985, and is between C and C, and has one adult grandparent.

B. From November 2019 to December 2012, 2019, the Defendant sent the relationship between C and C, i.e., several times with the telecom, and other relation.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, who is liable for damages, committed an unlawful act with C, who is the spouse of the Plaintiff, thereby infringing upon the Plaintiff’s communal living or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse.

Therefore, it is clear in light of the empirical rule that the plaintiff suffered mental suffering.

The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

B. The amount of consolation money shall be determined as KRW 17,00,000, considering all the circumstances revealed by the evidence revealed prior to the scope of liability for damages, namely, the marriage period and marital life of the Plaintiff and C, family relationship, details and degree of fraudulent act, and circumstances after fraudulent act, etc.

3. In conclusion, the defendant is obligated to pay to the plaintiff the consolation money of KRW 17,00,000 and damages for delay calculated at each rate of 12% per annum under the Civil Act from March 19, 2020 to June 12, 2020, which is the date of the adjudication of a considerable dispute as to the existence and scope of the defendant's duty of performance, as requested by the plaintiff, from March 19, 2020 following the day when the complaint of this case was served to the plaintiff after the date of tort.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.