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(영문) 춘천지방법원 강릉지원 2018.10.23 2018가단32759
손해배상(기)
Text

1. The Defendant: 5% per annum from May 15, 2018 to October 23, 2018; and 24 October 24, 2018 to the Plaintiff.

Reasons

In full view of the overall purport of arguments as to the images of Gap evidence 1, 3, 4, 6, 13, and 5-1 through 8, 5-5, and evidence Nos. 2, and 7-1 through 4-4, the defendant's act of infringing the plaintiff's spouse's common life of the plaintiff and C by committing an unlawful act before and after February 24, 2018, and the fact that the plaintiff suffered from extreme mental distress can be sufficiently recognized. Thus, the defendant is obligated to bring the plaintiff from mental distress (Article 751 (1) of the Civil Act), and the defendant is obligated to bring the plaintiff's emotional distress to money (Article 751 (1) of the Civil Act), the marriage period and family relationship between the plaintiff and the defendant, the relationship between the plaintiff and the defendant, and the defendant's degree of actual failure of marriage between the plaintiff and C, the amount of consolation money to be paid by the defendant shall be determined as 24,00,000 won.

Therefore, the Defendant is obligated to pay to the Plaintiff damages amounting to KRW 24,00,000 and damages for delay calculated by the ratio of 5% per annum as stipulated in the Civil Act from May 15, 2018 to October 23, 2018, which is the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff as a result of the tort, to the extent of the Defendant’s obligation to perform, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the Defendant is obligated to partially accept the Plaintiff’s claim within the above recognized scope, and with respect to the burden of litigation costs and a declaration of provisional execution, it is so decided as per Disposition by applying the main text of Articles 101

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