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(영문) 수원지방법원안산지원 2020.11.30 2020가단77285
손해배상(기)
Text

1. The defendant shall pay 15,00,000 won to the plaintiff and 5% per annum from July 29, 2020 to November 30, 2020, and the next day.

Reasons

Comprehensively taking account of the purport of the entire pleadings in each statement or image of evidence A Nos. 1 through 7, the fact that the Plaintiff was married with C on October 3, 2019 and was de facto in a de facto marital relationship from that time, and the Defendant, at least from April 14, 2020, found the fact that C committed unlawful acts, such as administering the marriage with C along with being aware that C was in a marital relationship with the Plaintiff, and having a sexual relationship, etc., respectively.

According to this, the defendant is liable for compensating for mental damage suffered by the plaintiff due to the above tort, since he violated or obstructed the plaintiff's community life or the maintenance of the plaintiff's marital life and infringed the plaintiff's rights as his spouse.

Furthermore, in full view of the purport of the entire arguments on the evidence mentioned above, the amount of consolation money to be paid to the plaintiff by the defendant shall be determined as KRW 15,00,000, when comprehensively considering the contents of misconduct that can be recognized by comprehensively considering the purport of the entire arguments, the period of de facto marriage between the plaintiff and C, the degree of failure in a de facto marital relationship between

Therefore, the defendant is obligated to pay to the plaintiff 15,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 29, 2020 to November 30, 2020, which is the date when the judgment of this case is rendered, and 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, since it is obvious that the delivery day of the copy of the complaint of this case claimed by the plaintiff is the day after July 29, 2020, which is the day after the date when the plaintiff served the copy of the complaint of this case for the plaintiff as to its existence and scope. Thus, the plaintiff's claim is accepted

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