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(영문) 수원지방법원 평택지원 2018.04.26 2017가단59589

손해배상(기)

Text

1. The Defendant’s KRW 15 million to the Plaintiff, as well as 5% per annum from September 16, 2017 to April 26, 2018.

Reasons

1. Facts of recognition;

A. On May 1, 2006, the Plaintiff and C had two children in 2010 and 2013, who were legally married couple who reported marriage.

B. On November 2015, the Plaintiff became aware of the fact that C was committing an unlawful act through a vehicle black box, and that C was deceased with the Defendant, who was a workplace guard, by enforcing C.

C. Around December 2015, the Defendant sent a text message to the Plaintiff, stating that “Around December 2015, the Defendant did not seem to have been at all the end, and the number of times was recognized, but is too extreme extreme.”

C는 2015. 12. 25. 피고에게 ‘자기 내남자다 내꺼야~♡’는 등의 내용이 포함된 메일을 보내기도 했다.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 4 through 6 (including additional number), the purport of the whole pleadings

2. Determination

A. The Defendant, even though being aware that C is a spouse, committed an unlawful act with C as seen earlier, thereby infringing upon and hindering the marital life between the Plaintiff and C, thereby causing mental suffering to the Plaintiff by infringing upon the Plaintiff’s right as the spouse, and thus, is obliged to inflict monetary or mental suffering on the Plaintiff.

B. The amount of consolation money shall be determined as 15 million won in consideration of all the circumstances shown in the pleadings of this case, such as the period of marriage and family relations of the plaintiff, the contents and degree of the defendant's misconduct, and the influence of the defendant's misconduct on the

C. Therefore, the Defendant is obligated to pay to the Plaintiff 15 million won and the damages for delay calculated at the rate of 5% per annum under the Civil Act from September 16, 2017 to April 26, 2018, which is the day following the delivery date of a duplicate of the instant complaint, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Partial acceptance of the Plaintiff’s claim for conclusion