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(영문) 광주지방법원 2020.09.25 2019나51238

손해배상(기)

Text

The part against the plaintiff falling under the order of payment under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. The court's explanation on this part of the underlying facts and the occurrence of liability for damages is identical to the corresponding part of the reasoning of the judgment of the court of first instance (from No. 2, No. 6 to No. 3, No. 1). Thus, this part is cited by the main text of Article 420 of

(2) The court below's finding of facts and determination of the court of first instance are justified even if the evidence submitted to this court was neglected. 2. The court below's finding of facts and determination of the court of first instance are grounded on the following: (a) the defendant continued to meet with C even after the court of first instance rendered a judgment; (b) the period of marriage between the plaintiff and C; (c) the contents and duration of the defendant and C's improper act; and (d) the degree of impact of the above improper act on the plaintiff's marital relation or C. In light of all the circumstances indicated in the argument of this case, it is reasonable to determine the amount of consolation money to be compensated by the defendant to the plaintiff as 20 million won.

Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from July 27, 2018, the day following the delivery date of a copy of the complaint of this case, to January 10, 2019, which is the day when the judgment of the court of first instance, and 5 million won per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day when full payment is made, as regards the existence or scope of the defendant's obligation to pay damages for delay. As to the damages for five million won, which is the additional payment order of this court, from July 27, 2018, to September 25, 2018, which is the day when the defendant delivered a copy of the complaint of this case, as the plaintiff seeks, to pay damages for delay calculated at the rate of 15% per annum under the Civil Act, which is the day when the court rendered a decision of first instance, as to the existence or scope of the obligation to pay.