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(영문) 서울동부지방법원 2021.02.18 2020가단136406
손해배상(기)
Text

1. The defendant shall pay 18,00,000 won to the plaintiff and 12% per annum from October 15, 2020 to the day of complete payment.

Reasons

With respect to the plaintiff's assertion as to the cause of the claim of this case as shown in the annexed sheet (Provided, That the plaintiff's assertion related to return of unjust benefits at the date of pleading was withdrawn and claimed as consolation money). The defendant is deemed to have led to confession under the provisions of Article 150 of the Civil Procedure Act.

The defendant's improper act revealed in the above facts of recognition constitutes a tort that infringes on the plaintiff's marital life or interferes with the maintenance of the plaintiff's marital life and infringes on his spouse's rights. Thus, the defendant is obligated to pay consolation money as compensation for mental suffering suffered by the plaintiff due to the above illegal act. Considering all the circumstances shown in the argument of this case, it is reasonable to set the amount to KRW 18 million.

Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 15, 2020 to the date of full payment after serving a copy of the complaint of this case with respect to KRW 18 million on the plaintiff. Thus, the plaintiff's claim of this case of this case is legitimate within the scope of the above recognition and it is dismissed.

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