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(영문) 대구지방법원안동지원 2019.10.16 2019가단20511

손해배상(기)

Text

1. The Defendant is 5% per annum from November 20, 2018 to October 16, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on January 27, 2004, and has three minor children.

B. Although the Defendant knew that C is a spouse, he/she committed unlawful acts, such as having sexual intercourse from October 2018.

[Ground] Evidence Nos. 1 through 8, witness D's testimony, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant committed an unlawful act with the plaintiff's spouse C, thereby infringing on the marital life between the plaintiff and C or interfering with the maintenance thereof. Thus, the defendant has a duty to pay monetary compensation for mental damage suffered by the plaintiff.

As to the amount of consolation money, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined at KRW 20 million, considering the health team, the period of marriage and family relations between the Plaintiff and C, the contents of fraudulent act, the impact of the above fraudulent act on the marital relations between the Plaintiff and C, the Defendant’s attitude after the fraudulent act, and all other circumstances shown in the argument in this case.

3. Conclusion, the Defendant is obligated to pay to the Plaintiff 20 million won and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from November 20, 2018 following the delivery date of the instant complaint to October 16, 2019, which is the date of the instant complaint to October 16, 2019, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the Plaintiff’s claim of this case is justified within the above recognition scope, and the remainder is dismissed as there is no justifiable reason.