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(영문) 서울동부지방법원 2021.03.17 2020가단144476
손해배상(기)
Text

1. The defendant's KRW 15,00,000 for the plaintiff and about this, 5% per annum from October 29, 2020 to March 17, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are married couple under the law that completed the marriage report on October 4, 2010.

B. The Defendant committed unlawful acts, such as continuously communicating with Plaintiff C and having sexual intercourse, during several months from around the summer of 2020.

[Grounds for recognition] Each entry and video of Gap evidence Nos. 1 through 5 (including branch numbers) and the purport of the whole pleading

2. According to the facts of the above recognition, the defendant and C's aforementioned misconduct infringed upon the marital relationship between the plaintiff and C, or interfered with the maintenance thereof.

Therefore, the defendant has a duty to pay mental suffering suffered by the plaintiff in money.

B. In full view of all the circumstances shown in the pleadings of the instant case, including health team, the content, degree, and period of the unlawful act committed by the Defendant and C, the pattern and period of the marital relationship between the Plaintiff and C, and the Defendant’s wrongful act, as to the amount of consolation money that the Defendant is liable to compensate, it is reasonable to determine the amount of consolation money as KRW 15,00,000 that the Defendant is liable to compensate the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 15,00,000 won with compensation for damages caused by tort and the amount of delayed damages at each rate of 12% per annum under the Civil Act from October 29, 2020 following the delivery of a copy of the complaint of this case to October 29, 2020 until March 17, 2021, which is reasonable for the defendant to dispute about the existence and scope of the defendant's obligation to perform, and from the next day to the day 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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