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(영문) 서울중앙지방법원 2020.12.10 2019가단5212368
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 25,00,000 as well as 5% per annum from September 27, 2019 to December 10, 2020 and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status is divorced from the former wife, and C and on March 7, 2008, a married couple who has reported the marriage.

B. The Defendant’s wrongful act, despite being aware of the fact that C is married to the Plaintiff, has been aware of the fact that C was in a marital relationship with C, and has entered into an unlawful relationship with C, including a sexual intercourse.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3, purport of whole pleadings

2. The Defendant’s obligation to compensate for damages, even though being aware that C was the Plaintiff’s wife, has committed an unlawful act, including a sexual intercourse, while maintaining an inappropriate relationship with C for a period of time. Such an unlawful act is a tort that infringes on the Plaintiff’s marital life or interferes with the maintenance of the Plaintiff’s marital life, which corresponds to the essence of the marriage between the husband and wife, and infringes on the Plaintiff’s rights as the Plaintiff’s spouse. Accordingly, the Defendant ought to be

Furthermore, it is reasonable to determine the amount of consolation money to be paid by the defendant as KRW 2,50,00,000 in consideration of all the circumstances, including the health unit, the content and degree of the defendant's misconduct, the period during which the defendant maintained improper relations, and the period of married life

3. If so, the defendant is obligated to pay to the plaintiff 2.5 million won as well as damages for delay at each rate of 5% per annum as stipulated in the Civil Act from September 27, 2019 to the date following the delivery date of the complaint of this case, which is the day when the defendant delivered the complaint of this case, until September 27, 2019, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim shall be accepted within the extent of the above recognition.

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