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(영문) 수원지방법원안산지원 2020.11.25 2020가단75975

손해배상(기)

Text

1. The defendant shall pay 13,00,000 won to the plaintiff and 5% per annum from July 15, 2020 to November 25, 2020 and the next day.

Reasons

Comprehensively taking account of the purport of the entire pleadings in each statement or image of evidence Nos. 1 through 9, the fact that the Plaintiff completed a marriage report with C on August 30, 2013 and had a child among them, and the Defendant committed an unlawful act, such as having a sexual intercourse, with C while being aware that C was in a marital relationship with the Plaintiff, since it commenced with C from June 2019, it may be recognized respectively.

According to this, the defendant is liable for compensating for mental damage suffered by the plaintiff due to the above tort, since he violated or obstructed the plaintiff's community life or the maintenance of the plaintiff's marital life and infringed the plaintiff's rights as his spouse.

Furthermore, in full view of the contents of fraudulent act which can be recognized by comprehensively taking into account the purport of the entire arguments on the evidence mentioned above, the period of marriage between the plaintiff and C, the degree of failure in the marital relationship between the plaintiff and C, and the degree of mental suffering, it is reasonable to determine the amount of consolation money to be paid to the plaintiff by the defendant as 13,00

Therefore, the defendant is obligated to pay to the plaintiff 13,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 15, 2020 to November 25, 2020, which is the date when the judgment of this case is rendered, and 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, since it is obvious that the delivery day of the copy of the complaint of this case sought by the plaintiff from July 15, 2020 to the day after the date when the plaintiff was served with a copy of the complaint of this case. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims