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(영문) 서울중앙지방법원 2018.02.08 2017가단5082303

손해배상(기)

Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from May 31, 2017 to February 8, 2018.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is the legal spouse who completed the marriage report on June 13, 2012 with C, and the Defendant is pro-friendly by entering into a sexual intercourse with C from December 23, 2015 to January 19, 2017, and the fact that the Defendant was pregnant and was pregnant, and thus, the fact that the Defendant was dead may not be disputed between the parties, or may be recognized in light of the descriptions of evidence A1 to 5. Thus, it is recognized that the Defendant committed an unlawful act with C.

2. The amount of consolation money is liable to compensate the Plaintiff for mental loss caused by such unlawful act. In full view of all the circumstances such as the period of marriage between the Plaintiff and C, the degree and period of the Defendant’s unlawful act, the circumstances leading up to the Plaintiff’s knowledge of the above unlawful act, and the degree of psychological suffering, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 10,000,000.

Therefore, 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 May 31, 2017, which is the day following the day on which the copy of the complaint in this case was served to the Plaintiff, to February 8, 2018, and the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

3. As such, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.