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(영문) 대전지방법원 2018.07.19 2017가단228615

손해배상(기)

Text

1. The Defendant’s KRW 18,00,000 as well as 5% per annum from January 6, 2018 to July 19, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 31, 2007, the Plaintiff and C are legally married couple and have three children under the chain, who completed the marriage report.

B. The Defendant, knowing that C is a spouse, committed an unlawful act, such as having sexual intercourse, with C from June 2017 to December 2 of the same year.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant maintained improper relations with C with the knowledge that C is a spouse, thereby infringing upon the common life of both the plaintiff and C, and it is clear in light of the rule of experience that the plaintiff suffered mental suffering. Thus, the defendant is liable to compensate for the plaintiff's damage caused by the above mental suffering.

B. Furthermore, with respect to the amount of consolation money that the Defendant is liable for compensation, the amount of consolation money shall be determined by 18,00,000 won in full view of the health team, the content and circumstances of the Defendant’s tort, degree and period of such tort, the marriage period and family relationship between the Plaintiff and C, and the impact on the Plaintiff’s common life

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 18,00,000 and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from January 6, 2018 to July 19, 2018, which is the day following the delivery date of the instant complaint, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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