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(영문) 대전지방법원 서산지원 2017.03.29 2016가단54058
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from September 29, 2016 to March 29, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on July 3, 2007, and have two minor children under their chains, and the defendant is unmarried.

B. C served as a manager of the carpet in Western City, and the Defendant served as a part-time student of the above carpet.

C. Around December 2015, the Defendant entered into an illegal relationship with C, and around May 28, 2016, the Plaintiff released C to enforce the illegal relationship with C, and the Defendant also went to C and Jeonju.

[Reasons for Recognition] A. Each entry in Gap evidence Nos. 1, 2, 3, 5, and 6 (including additional numbers), the purport of the whole pleadings

2. According to the above recognition facts, since the defendant committed an unlawful act with the plaintiff's spouse C, thereby infringing the plaintiff's communal living life or hindering the maintenance thereof, the defendant is liable to compensate for mental damage suffered by the plaintiff.

Furthermore, with respect to the amount of consolation money that the defendant is liable for, the amount of consolation money that the defendant is liable for shall be determined as KRW 10 million in consideration of various circumstances shown in the arguments of this case, such as health team, the content, degree and period of the misconduct of the defendant and C, the marriage period and family relationship of the plaintiff and C, the influence of the defendant's misconduct on the plaintiff's marital life, the defendant's attitude after the occurrence

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay as consolation money 10 million won and as the Plaintiff seeks, 5% per annum under the Civil Act from September 29, 2016 to March 29, 2017, which is the day following the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. If so, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are groundless.

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