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(영문) 수원지방법원여주지원 2019.05.29 2019가단50507
손해배상(기)
Text

1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 9, 2019 to May 29, 2019.

Reasons

1. According to the purport of subparagraphs 1 through 9 of the Plaintiff and C’s entire pleadings, the Plaintiff and C are legally married couples who completed a marriage report on March 16, 1995, and the Defendant, despite being aware of C’s spouse from November 1, 2017 to December 2018, may recognize the fact that they maintained internal relations, such as establishing a sex relationship with C, with the knowledge that C is a spouse.

According to the above facts of recognition, it is reasonable to view that the defendant committed unlawful acts with C, thereby infringing upon the marital life between C and C, and infringed upon the spouse's rights, thereby suffering from mental pain to the plaintiff.

The defendant is obligated to pay consolation money for tort to the plaintiff.

2. In full view of all the circumstances shown in the arguments in the instant case, such as the contents and degree of fraudulent act within the scope of liability for damages, the marriage period and family relationship of the Plaintiff and C, and the influence of the act of improper conduct on the Plaintiff’s marital relations, it is reasonable to determine the amount of consolation money as KRW 13

Therefore, the defendant is obligated to pay damages for delay calculated by the ratio of 5% per annum under the Civil Act from February 9, 2019 to May 29, 2019, which is the date following the day on which the copy of the complaint of this case was served to the plaintiff, to 13,00,000 won for tort and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the plaintiff seeks.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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