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(영문) 대전지방법원 2017.09.19 2016가단223613
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from November 12, 2016 to September 19, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and D are legally married couple who completed the marriage report on July 7, 1997, and have two children under the chain.

B. The Defendant has maintained internal relations with D from February 2016 and committed fraudulent acts.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 18, video, purport of whole pleading

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant maintains improper relations with D, the plaintiff's spouse, even though he/she is aware that D is a spouse, and thereby infringes the plaintiff's communal living between the plaintiff and D, and it is clear in light of the rule of experience that the plaintiff suffered mental suffering. Thus, the defendant is liable for compensation for the plaintiff's damage caused by the above mental suffering.

B. As to the above, the defendant's assertion that the plaintiff had not been liable for damages to the plaintiff since the plaintiff's marital relationship between D and D had already occurred at the time of the delivery of D and D, the defendant's argument is without merit.

C. Furthermore, with respect to the amount of consolation money that the Defendant is liable for compensation, the amount of consolation money shall be determined as KRW 20,000,000, considering the health team, the content and circumstances of the Defendant’s tort, its degree and period, the marriage period and family relationship of the Plaintiff and D, the impact on the Plaintiff’s common life due to the Defendant’

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the solatium 20,000,000 and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from November 12, 2016 to September 19, 2017, which is the day following the delivery date of the instant complaint, to September 19, 2017, and 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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