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(영문) 광주지방법원순천지원 2020.10.14 2020가단74686

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from October 15, 2019 to October 14, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. After marriage with C on April 15, 2005, the Plaintiff maintained a de facto marital relationship while living together with C on December 13, 2011, but has two children from the beginning of 2015.

B. The Defendant came to know of C around February 2019, and developed into C and C’s relationship from around that time to April 2019, and continued to associate with C, at least until April 2019, and continued to associate with C, such as sexual intercourse at the mother, and was aware of a de facto marital relationship with C during the said teaching period.

[Reasons for Recognition] The entry of Gap 1 to 3, the witness C's testimony, the purport of the whole pleadings

2. Determination:

A. According to the above fact of recognition that the defendant committed an unlawful act with C, and thereby infringing upon the plaintiff's and C's right to maintain a de facto marital marital life or interfered with their maintenance and his spouse's right, the defendant is liable to compensate the plaintiff for mental damage resulting therefrom in monetary injury.

B. Considering the various circumstances shown in the pleadings such as the scope of liability for damages and the period of de facto marriage of the Plaintiff and C, the content and degree of fraudulent act, and the influence of fraudulent act on a de facto marital relationship, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 10,000.

C. Accordingly, 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 October 15, 2019 to October 14, 2020, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the original judgment, which is the day following the date of delivery of a copy of the complaint of this case sought by the Plaintiff, as compensation for damages caused by tort, to the Plaintiff.

3. The plaintiff's claim of this case is acknowledged as above.