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(영문) 광주지방법원 2018.04.03 2017가단533025

손해배상(기)

Text

1. The Defendant’s KRW 15 million to the Plaintiff, as well as 5% per annum from December 21, 2017 to April 3, 2018.

Reasons

1. Facts of recognition;

A. On May 2016, the Plaintiff and Nonparty C completed the marriage report on January 11, 2017.

Two persons shall have one minor child.

B. The Defendant, who is the workplace bonus of C, had been aware that C is a father-son, but C had a sexual intercourse with C in a vehicle, the Defendant’s house, the mother, etc. after A in 2017.

C. Even after the occurrence of the foregoing misconduct, C and the Defendant continued to grow in her aftermath of the Plaintiff, and C currently are in fact distinguishable from the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. As above, the defendant is liable to compensate for mental damages suffered by the plaintiff, since C committed an unlawful act even though it was in a marital relationship with the plaintiff, thereby infringing the plaintiff's common life.

The amount of consolation money shall be determined as 15 million won, considering the marriage period and family relationship between the plaintiff and C, the details and duration of the act committed by the defendant and C, the degree of failure of the marriage between the plaintiff and C, and the circumstances before and after the lawsuit in this case

Therefore, the Defendant is obligated to pay to the Plaintiff 15 million won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment (the date of this judgment, which is reasonable to dispute over the existence and scope of the obligation to perform) from December 21, 2017 to April 3, 2018.

3. The plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.