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(영문) 수원지방법원 성남지원 2018.06.20 2018가단204212
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 21, 2018 to June 20, 2018.

Reasons

The plaintiff and C are legally married couple who completed the marriage report on April 24, 2002 and have two children, and the defendant knew that C had a spouse while working in the same workplace as C, and the fact that C and C committed an unlawful act despite being aware that C had a spouse while working in the same workplace as C is not disputed between the parties, or recognized by the purport of each of the statements and arguments in the evidence Nos. 1,

According to the above facts of recognition, the defendant is liable to compensate for damages caused by the plaintiff's mental suffering, as he/she knowingly commits an unlawful act with C while being aware that he/she is a spouse of C, thereby infringing on or impeding the maintenance of the marital life of the plaintiff who is his/her spouse.

Considering the marriage period and family relationship between the Plaintiff and C, the background and period of the education between the Defendant and C, the details and degree of the misconduct, the influence of the misconduct on the marital life of the Plaintiff and C, and other circumstances shown in the arguments in this case, it is reasonable to determine consolation money to be paid to the Plaintiff by the Defendant as KRW 15,00,000.

Therefore, the defendant is obligated to pay damages for delay at the rate of 15% per annum under the Civil Act from February 21, 2018, which is the day following the service of a copy of the complaint of this case, as requested by the plaintiff, to the plaintiff, until June 20, 2018, which is deemed reasonable for the defendant to dispute as to the existence of the obligation or the scope of the obligation to perform, and 5% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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