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(영문) 춘천지방법원강릉지원 2019.01.29 2018가단33615
손해배상(기)
Text

1. The Defendant: (a) KRW 30,00,000 and the Plaintiff’s annual rate from August 7, 2018 to January 29, 2019; and (b) January 30, 2019.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of arguments as to Gap evidence Nos. 1 through 14 (part of number omitted; hereinafter the same shall apply), the defendant may recognize the fact that the defendant committed an unlawful act while putting the plaintiff's spouse C and C in depth from March 2018 to May 2018, thereby infringing the plaintiff's spouse's community life of the plaintiff and C significantly, and each of the items of evidence Nos. 1 through 4 shall not interfere with the fact-finding.

Therefore, the defendant is obligated to bring mental suffering suffered by the plaintiff in money (Article 751(1) of the Civil Act), and the period and degree of marriage and family relationship between the plaintiff and C, the period and degree of the defendant's improper act, the marriage relationship between the plaintiff and C is deemed to have actually reached the failure due to the defendant's improper act, the plaintiff has received psychological treatment, the plaintiff has been dismissed, and the defendant's attitude against the plaintiff has been discovered, and the amount of consolation money shall be determined as KRW 30 million by taking into account all the circumstances shown in the arguments of this case,

Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 30 million and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 7, 2018 to January 29, 2019, the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, which is the date of this judgment, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment. Thus, the Plaintiff’s claim is partially accepted within the above recognition scope, and with respect to the burden of litigation costs and a declaration of provisional execution, it is so decided as per Disposition by applying the main sentence of Articles 101 and 21

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