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(영문) 부산지방법원동부지원 2020.07.01 2019가단223718

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from October 17, 2019 to July 1, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C have three children as legal married couple who completed the marriage report on March 8, 2002.

B. The Defendant, despite being aware of the fact that C and 20 years of college students had been known to C, and C had a frequent son for three years from October 8, 2016 to July 2019, committed an unlawful act including sexual intercourse.

[Grounds for Recognition: Each entry in Gap evidence 1 through 5 (including each number), the purport of the whole pleadings]

2. According to the above facts of recognition, the defendant, despite being aware that C is a spouse, committed an illegal act, with the knowledge that C is a spouse, which constitutes a tort against the plaintiff.

Therefore, the defendant is obligated to pay the plaintiff mental suffering suffered by the plaintiff due to the above illegal act in money.

Furthermore, with regard to the amount of consolation money to be paid by the Defendant, it is reasonable to determine the amount of consolation money as KRW 20,000,000, considering all the circumstances shown in the arguments of this case, such as health class, the marriage period between the Plaintiff and C, the period in which the misconduct between the Defendant and C continues, the degree of the misconduct, and circumstances after the misconduct.

3. Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated by the ratio of 5% per annum under the Civil Act from October 17, 2019 to July 1, 2020, which is the date following the delivery date of a copy of the complaint of this case, to 20,000 won and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment, as the plaintiff seeks. Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is so decided as per Disposition.