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(영문) 서울중앙지방법원 2020.07.24 2020가단5064596
손해배상(기)
Text

1. The defendant's KRW 12,00,000 and its amount shall be 5% per annum from March 28, 2020 to July 24, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 10, 2018, the Plaintiff and C have maintained de facto marriage relations while setting up their marriage awareness and setting up them together.

B. From July 2019 to February 2020, the Defendant maintained the unlawful relationship, such as having sexual intercourse with the said C, by returning to the Republic of Korea.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 19 (including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition 1), since the defendant committed an unlawful act with C and thereby infringed or obstructed the marital life of the plaintiff and the plaintiff in a de facto marital relationship, the defendant has a duty to give monetary compensation to the plaintiff. 2) As to this, the defendant alleged that he did not commit any unlawful act any more after he became aware of a de facto marital relationship with C and the plaintiff around September 2019 and divided several stories. However, in full view of the entries and arguments in evidence Nos. 10, 11, 14, 17, 18, 19, and 19, the defendant's assertion that he continued to engage in a de facto marital relationship with C and the plaintiff through telephone conversations with the plaintiff around July 2018 and around September 2020, the above argument by the defendant cannot be justified.

B. In full view of the circumstances revealed in the pleadings, such as health class, the contents, degree and period of the above misconduct, the period of de facto marriage with the Plaintiff and C, the period of de facto marriage with the Defendant’s wrongful act, and the impact of the Defendant’s de facto marriage with the Plaintiff and C on the scope of consolation money, it is reasonable to determine the amount of consolation money to be compensated by the Defendant to the Plaintiff as KRW 12,

C. The defendant's lawsuit is executed from March 28, 2020 on the day following the delivery date of a copy of the complaint of this case, as the plaintiff seeks against the plaintiff 12,00,000 won and its execution.

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