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(영문) 대전지방법원 천안지원 2018.05.16 2017가단111150
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 28, 2017 to May 16, 2018.

Reasons

On October 19, 2005, the plaintiff and C have three children after completing the marriage report.

From the beginning of 2017, the defendant committed fraudulent acts such as having a sexual intercourse with C, knowing that C has a spouse, who works for the same company from around the beginning of 2017.

【In the absence of dispute, Gap 1-8 evidence (including family number), and the purport of the entire pleadings, according to the above facts, the defendant is liable for tort damages since the defendant infringed the plaintiff’s marital life and infringed his spouse’s right as his spouse, and suffered mental suffering. In full view of all the circumstances shown in the arguments of this case, including the period of marital life of the plaintiff and C, the age of his children, the defendant’s wrongful act and degree, the impact of the defendant’s unlawful act on the plaintiff’s marital life, the defendant’s attitude after the occurrence of unlawful act, etc., it is reasonable to determine the amount of consolation money to be paid to

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from October 28, 2017 to May 16, 2018, the date following the delivery date of a copy of the complaint of this case, which is the day following the delivery date of the Plaintiff, to the Defendant’s claim as to the existence and scope of the obligation, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

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