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(영문) 서울동부지방법원 2020.11.25 2019가단121583
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from June 17, 2019 to November 25, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legal married couple in around 2003, and have three children between them.

B. Around 2019, the Defendant committed unlawful acts, such as intending to have a sexual intercourse with C at the Plaintiff’s home, while teaching with C.

[Grounds for recognition] Evidence Nos. 1 through 9, 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 that the Defendant is liable for compensation is determined as KRW 20,000,000, in full view of all the circumstances shown in the pleadings of the instant case, such as health class, the content, degree and period of the Defendant’s wrongful act, the pattern and period of the marriage between the Plaintiff and C, and the Defendant’s wrongful act.

Therefore, the defendant is obligated to pay to the plaintiff 20,000,000 won with compensation for damages caused by tort and damages for delay at each rate of 5% per annum prescribed by the Civil Act from June 17, 2019, which is the date following the delivery date of a copy of the complaint of this case, until November 25, 2020, which is the date of the decision of this case, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, 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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