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(영문) 서울동부지방법원 2020.07.07 2019가단141532

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from September 17, 2019 to July 7, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on May 13, 2011, and have one child between them.

B. From around 2019 to the time of the instant lawsuit, the Defendant, even though he/she was aware that C was a spouse, maintained an illegal relationship.

[Reasons for Recognition] Each entry and video of Gap evidence Nos. 1 through 9

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 marital life or interfered with their maintenance and his spouse's right. Thus, the defendant is liable to compensate the plaintiff for mental damage in monetary form.

Although the defendant asserts that the marital relationship had already been broken due to the separation between the plaintiff and C, the defendant's assertion is not accepted since the plaintiff and C had maintained their marital relationship by sending each other's message until January 2019.

B. Considering the circumstances shown in the arguments, such as the scope of liability for damages and the marriage period of the Plaintiff and C, the period, content and degree of fraudulent act, and the influence of fraudulent act on the Plaintiff and C’s common life, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 20,000.

C. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount of consolation money of KRW 20,00,000 as damages for tort and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from September 17, 2019 to July 7, 2020, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, which is the day when the Defendant served on September 17, 2019, which is the day after the delivery date of the copy of the complaint of this case filed by the Plaintiff.

3. Thus, the plaintiff's claim of this case is above.