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(영문) 서울중앙지방법원 2019.08.20 2018가단5231898

손해배상 청구의 소

Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from November 13, 2018 to August 20, 2019 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by evidence Nos. 1 through 12, the Plaintiff filed a marriage report with C on July 2, 2013, and the Defendant, from June 2018 to June 3, 2018, even though he/she knew that he/she had a spouse, has maintained a relationship with C with C.

According to the above facts of recognition, the defendant committed an unlawful act with C, thereby infringing upon the common life of the plaintiff and C, and the plaintiff suffered mental suffering, so the defendant is obligated to pay consolation money to the plaintiff.

2. In full view of all the circumstances revealed in the arguments and records, including the scope of liability for damages and the period of marriage between the Plaintiff and C, the contents and period of fraudulent act, and the degree of the failure of marriage between the Plaintiff and C due to fraudulent act, the amount of consolation money that the Defendant is liable to pay to the Plaintiff shall be determined as KRW 1

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act from November 13, 2018 to August 20, 2019, which is the date following the delivery date of a copy of the complaint in this case, to the Plaintiff, as well as 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment.

(3) The Plaintiff’s claim for damages for delay exceeding 12% per annum pursuant to the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended on May 21, 2019). In conclusion, the Plaintiff’s claim is accepted within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.