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(영문) 대구지방법원 2017.11.02 2017가단108483
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from April 8, 2017 to November 2, 2017, and the next day.

Reasons

1. Facts of recognition;

A. On March 2, 2012, the Plaintiff and C have one child (one child in 2012) as a married couple who has reported marriage on March 2, 2012.

B. Around March 2016, the Defendant committed an unlawful act, such as having met C from the telecom, with knowledge of the fact that C was a female, by March 2017.

C. On July 13, 2017, the Plaintiff reported divorce with C.

[Ground for Recognition: Facts without dispute, entry of Gap1 through 8, purport of the whole pleadings]

2. According to the above facts of recognition, the defendant committed an illegal act for a considerable period of time with knowledge that C is a spouse, which constitutes a tort against the plaintiff.

The defendant is obligated to pay the plaintiff mental suffering suffered by the plaintiff due to the above tort in money.

Furthermore, with regard to the amount of consolation money to be paid by the Defendant, the amount of consolation money shall be determined at KRW 12 million, considering all the circumstances shown in the pleadings of the instant case, such as health group, the marriage period between the Plaintiff and C, the period during which the misconduct between the Defendant and C continues, the degree of the misconduct shown in the record, and circumstances after the act.

3. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated with 5% per annum of the Civil Act from April 8, 2017 to November 2, 2017, the date following the delivery date of the complaint, which is the day of the delivery of consolation money of KRW 12 million, to the day of the delivery of the complaint.

The plaintiff's claim is accepted within the above scope.

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