logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2019.09.10 2018가단36195
손해배상(기)
Text

1. The Defendant: (a) KRW 30,00,000 and the Plaintiff’s annual rate from December 18, 2018 to September 10, 2019; and (b) September 11, 2019.

Reasons

In full view of the statements in Gap evidence Nos. 1, 2, and 3 and the voice of Gap evidence Nos. 6-1, the defendant can be found to have committed unlawful acts, such as committing two sexual intercourses with Eul, the plaintiff's spouse, around October 2018. Thus, the defendant is liable to compensate for mental suffering suffered by the plaintiff by such unlawful acts in cash.

(Article 751(1) of the Civil Act. Furthermore, the amount of consolation money shall be determined as KRW 30 million by taking full account of all the circumstances, including the following: (a) the Plaintiff and C’s marriage period and family relationship, the developments leading up to and degree of fraudulent act committed by the Defendant and C; (b) the degree of mental suffering of the Plaintiff; and (c) the Plaintiff’s intimidation against the Defendant.

Therefore, the defendant is obligated to pay the plaintiff damages amounting to KRW 30 million and the damages for delay calculated by the ratio of 5% per annum as stipulated in the Civil Act from September 10, 2019, which is the date when the plaintiff delivered a copy of the complaint of this case to December 18, 2018, which is the date when the defendant delivered the copy of the complaint of this case to the plaintiff, to September 10, 2019, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment [Article 2 (2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768)] to the plaintiff. Thus, the defendant is obligated to accept part of the plaintiff's claim within the above recognized limit, and with respect to the burden of litigation costs and the declaration of provisional execution, it is decided as per Disposition by the application of the main text

arrow