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(영문) 서울서부지방법원 2021.02.10 2020가단280640
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from October 6, 2020 to February 10, 2021.

Reasons

1. In full view of the overall purport of arguments as to the statements in Gap evidence Nos. 1 through 8 (including each number thereof), the plaintiff and Eul maintained their legal relations until December 31, 2002, after reporting the marriage on December 31, 2002. The defendant, knowing that C is a spouse, committed an unlawful act, such as committing a sexual intercourse at C and C and the accommodation located in Seoul and in the Jinhae Sea (as to this, the defendant was found to have been only at C and each of the above hotels, but not to have committed an unlawful act.

However, it is difficult to believe that C and the Defendant did not have any evidence supporting the Defendant’s argument as to the circumstance in which C and the Defendant had met with the accommodation, whether they were present with the accommodation, etc., and according to the aforementioned evidence, it is recognized that C and the Defendant committed the above misconduct as above. 2.

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, in full view of the circumstances indicated in the pleadings of the instant case, such as health team, the content, degree and period of the Defendant’s unlawful act, the marriage period and family relationship of the Plaintiff and C, the impact of the Defendant’s unlawful act on the Plaintiff’s marital relationship, the degree of responsibility of the Defendant and C against the instant unlawful act, and the attitude shown by the Defendant and D after the Plaintiff became aware of the said unlawful act, it is reasonable to determine the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff as KRW 20,000.

(c)

Therefore, the defendant's delivery of a copy of the complaint of this case to the plaintiff as requested by the plaintiff, and the existence or scope of the defendant's duty of performance of this case from October 6, 2020, after the delivery of the copy of the complaint of this case to the plaintiff.

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