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(영문) 서울동부지방법원 2020.12.03 2020가단107279

손해배상(기)

Text

1. The Defendant’s KRW 17,00,000 and the Plaintiff’s annual rate of KRW 5% from March 4, 2020 to December 3, 2020, respectively.

Reasons

In light of the overall purport of the pleadings Nos. 1 through 6 (including virtual numbers), the Plaintiff filed a report of marriage with Nonparty C on Jan. 15, 2002 and filed a report of marriage with Nonparty C, who had one child among them. However, the Defendant can be found to have committed a fraudulent act, such as having multiple sexual intercourses, from around 2018 to February 202, 202, with knowledge that C is a married person.

Since the defendant's improper act recognized above constitutes a tort that infringes on the plaintiff's common life or interferes with the maintenance of the plaintiff's marital life and infringes on the right as the spouse, the defendant is obligated to pay consolation money as compensation for mental suffering suffered by the plaintiff due to the above unlawful act. Considering all the circumstances shown in the argument in this case, it is reasonable to determine consolation money to the extent of KRW 17 million.

Therefore, the defendant is obligated to pay to the plaintiff 17 million won and damages for delay calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 4, 2020 to December 3, 2020, the date following the delivery day of a copy of the complaint of this case, as requested by the plaintiff, which is the day of the delivery of a copy of the complaint of this case, to the defendant from March 4, 2020 to December 3, 2020, which is deemed reasonable to dispute about the scope of the defendant's obligation. Thus, the plaintiff's claim of