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(영문) 서울서부지방법원 2021.02.10 2020가단295482
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from August 8, 2020 to February 10, 2021.

Reasons

1. In full view of the overall purport of arguments in evidence Nos. 1 through 9 (including each number) of the facts of recognition, the plaintiff and C maintained legal marital relations until August 22, 201, after completing the marriage report on August 22, 2011. The defendant, despite being aware that C is a spouse, committed an unlawful act, such as eating and drinking and staying in a telecom with C from early 2020 to early 200, while having knowledge that C was a spouse, he was committing an unlawful act (the defendant against it is only the extent of counseling with C, but not the degree of teaching. However, the defendant asserted that the above facts are revealed by the evidence, namely, as to the plaintiff pursuing the relationship with C, the defendant recognized that "the beginning of mind to C," and that the defendant had the relation with C, which was attached to the lodging facility without any specific reason, and that the defendant had the right of parking with C, which was a regular entertainment, as well as the relation between C, and that the defendant had a residential relation with the plaintiff and C2.

A. According to the above facts of recognition, the defendant's act infringed upon the marital relationship between the plaintiff and C or significantly obstructed its maintenance.

Therefore, the defendant has a duty to pay a monetary reward to the plaintiff's mental suffering caused by the above improper act.

B. As to the amount of consolation money, this case’s case’s health team, content, degree, and duration of the Defendant’s and C’s wrongful act, the marriage period and family relationship between the Plaintiff and C, the impact of the Defendant’s improper act on the Plaintiff’s marital relationship, the degree of responsibility of the Defendant and C against the instant wrongful act, and the attitude that the Defendant and the Nonparty had shown after the Plaintiff became aware of the said unlawful act.

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