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(영문) 수원지방법원성남지원 2019.11.26 2019가단210979
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual 5% from May 21, 2019 to November 26, 2019, and the following.

Reasons

1. Basic facts

A. On March 11, 2008, the Plaintiff married with C on March 11, 2008, produced children E and FJ G, and maintained a matrimonial relationship until now.

B. The Defendant had unlawful relations, such as sexual intercourse between March 2017 and March 2019, with C who worked for the same workplace.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (including branch numbers for those with additional numbers; hereinafter the same shall apply) through 3, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant knowingly committed an illegal act with C with knowledge that C is a spouse, and due to such an act by the defendant, the relationship between C and C was infringed or maintained by the defendant.

Therefore, the defendant is obligated to pay a monetary reward to the plaintiff's mental suffering caused by the above improper act.

As to the amount of consolation money, in full view of the circumstances revealed in the arguments, such as health team, the contents, degree and period of the above misconduct, the marriage period and family relation of the plaintiff and C, the influence of the defendant's improper act on the marital relation between the plaintiff and C, and the attitude that the defendant shown after the plaintiff became aware of the above improper conduct, it is reasonable to determine the amount of consolation money to be compensated for to the plaintiff as KRW 15,00,000.

Ultimately, the defendant is obligated to pay to the plaintiff the consolation money of KRW 15,00,000 as well as damages for delay calculated at the rate of 12% per annum under the Civil Act from May 21, 2019, which is the date of delivery of a copy of the complaint of this case, to November 26, 2019, which is deemed reasonable for the defendant to dispute about the existence or scope of the obligation of performance of this case, as requested by the plaintiff, from May 21, 2019, and from the next day to the date of full payment.

3. The plaintiff's claim is reasonable within the above scope of recognition.

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