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(영문) 서울남부지방법원 2019.08.13 2018가단258153
손해배상(기)
Text

1. The Defendant’s KRW 18,00,000 and its amount shall be 5% per annum from January 6, 2019 to August 13, 2019 to the Plaintiff.

Reasons

1. The following facts are acknowledged in light of the following facts: there is no dispute between the parties, or the whole purport of the arguments in Gap evidence Nos. 1 to 5, 7, and 9.

① On December 9, 2009, the Plaintiff and C have one child under the legal father and wife who reported marriage.

② On March 2017, C became aware of the Defendant in the course of entering into a motor vehicle purchase contract with the motor vehicle sales agent working for the Defendant.

From around that time, the defendant committed an unlawful act, such as communicating with C while being aware of the existence of the plaintiff who is the spouse of C, and communicating with C.

2. Determination

A. The Defendant is liable to pay consolation money to the Plaintiff, as the Plaintiff suffered emotional distress by committing unlawful acts, such as the Plaintiff’s spouse C and C, and thus, by doing so.

B. In full view of all the circumstances revealed in the arguments in the instant case, including the scope of liability for damages by the Defendant and C’s wrongful act and the extent and duration of the act, and the marriage period between the Plaintiff and C, the amount of consolation money that the Defendant is liable to pay to the Plaintiff shall be KRW 1

3. Conclusion, the Defendant is obligated to pay to the Plaintiff the solatium 18,00,000 and the damages for delay calculated by the ratio of 5% per annum as stipulated in the Civil Act from January 6, 2019 to August 13, 2019, the date following the delivery date of a copy of the complaint of this case, which is the day following the delivery date of the Plaintiff’s complaint of this case, to August 13, 2019, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is changed to 12% per annum from June 1, 2019 to May 21, 2019. Thus, the statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is recognized only as 12% per annum from August 14, 2019 to the date of full payment, and the exceeding part is without merit).

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