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(영문) 의정부지방법원고양지원 2020.05.01 2019가단78759
손해배상(기)
Text

1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate from October 1, 2019 to May 1, 2020, and the following.

Reasons

1. Facts of recognition;

A. On August 3, 2007, the Plaintiff reported the marriage with C on August 3, 2007, and is between C and C, and has one child between C and C.

B. Around March 2019, the Defendant sent a personal relationship with C, including contact with C.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, who is liable for damages, committed an unlawful act with C, who is the spouse of the Plaintiff, thereby infringing upon the Plaintiff’s communal living or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse.

Therefore, it is clear in light of the empirical rule that the plaintiff suffered mental suffering.

The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

(A) Although the Defendant denies the fact that he did not have a sexual intercourse with C, the Defendant should be deemed to have infringed upon the Plaintiff’s and C’s common life by taking into account the following circumstances, namely, the names and conversations made by the Defendant and C in the Messenssenssenssenssenssenssis, in particular, C decided to have a sexual intercourse with C, and agreed to have a sexual intercourse with C, and the Defendant did not provide reasonable explanation as to the reasons for the above dialogue.

The amount of consolation money shall be determined as KRW 13,00,000, considering all the circumstances revealed by the evidence revealed prior to the scope of liability for damages, namely, the marriage period, marital life, family relationship, details and degree of fraudulent act, circumstances after the fraudulent act is discovered.

3. Ultimately, the Defendant’s claim against the Plaintiff for consolation money of KRW 13,00,000 and its amount after the date of tort shall be made by the Plaintiff, as the Plaintiff seeks.

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