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(영문) 인천지방법원부천지원 2016.09.08 2016가단104342
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 and the following day shall be 5% per annum from April 17, 2016 to September 8, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on July 10, 2004, and the defendant is C's workplace compensation.

B. From July 2012, Defendant and C maintained inappropriate relations, including gender relationship, by going beyond the same relationship between workplace and gender, as they were working in the same workplace from around July 2012.

C. From the beginning of 2014, the Plaintiff began her stay with C at the request of C, and thereafter C liveded with the Defendant for about two years.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the defendant maintained an inappropriate relationship with C, who is the plaintiff's spouse, and thereby infringed joint life between the plaintiff and C, and it is clear in light of the rule of experience that the plaintiff suffered mental suffering. Thus, the defendant is liable to compensate for the plaintiff's damage caused by the above mental suffering.

Furthermore, it is reasonable to determine the amount of damages to be paid by the Defendant as KRW 10,00,00 in light of the health team, the period, content, degree, and result of the Defendant’s tort.

3. Therefore, the defendant is obligated to pay to the plaintiff damages amounting to KRW 10,00,00 for tort damages and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 17, 2016 to September 8, 2016, which is reasonable to dispute over the scope and existence of the defendant's performance obligation, as a result of the delivery date of a copy of the complaint of this case filed by the plaintiff after the date of tort, until September 8, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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