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(영문) 서울동부지방법원 2020.11.18 2020가단115140
위자료 청구
Text

1. The defendant's KRW 30,000,000 and about this, 5% per annum from April 23, 2020 to November 18, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported their marriage on September 16, 2004 and have two children.

B. From around 2019, C and the Defendant maintained an illegitimate relationship by taking the head of the sexual intercourse with Plaintiff’s sexual intercourse several times thereafter, and taking the head of the sexual picture as video.

[Grounds for recognition] Evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, since the marriage relationship between the plaintiff and C was infringed or obstructed due to the above misconduct by the defendant and C, the defendant has a duty to compensate for mental suffering suffered by the plaintiff in money.

Furthermore, as to the amount of consolation money that the Defendant is liable for compensation, the amount of consolation money is determined as KRW 30,000,000, in full view of all the circumstances shown in the pleadings of the instant case, such as health team, the content, degree, and period of the misconduct of the Defendant and C, the pattern and period of the marriage between the Plaintiff and C, and the impact of the Defendant’s wrongful act on the said marriage.

Therefore, the defendant is obligated to pay to the plaintiff 30,000,000 won with compensation for damages caused by the tort and damages for delay at each rate of 5% per annum as stipulated by the Civil Act from April 23, 2020 to November 18, 2020, the date following the delivery date of a copy of the complaint of this case, which is the date of the decision of this case, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff's claim is accepted within the above recognition scope, and the remaining claims are dismissed.

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