2020 Ghana 11765 Damages

A

Attorney Fixed-jin, Counsel for the defendant-appellant

B

Attorney Park Young-chul, Counsel for the plaintiff-appellant

August 13, 2020

November 26, 2020

1. The defendant shall pay to the plaintiff 20 million won with 5% interest per annum from March 27, 2020 to March 11, 2020 and 26 with 12% interest per annum from the following day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. 3/5 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 50 million won with 12% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

1. Basic facts

A. The defendant is a couple who reported marriage with C on January 27, 2006.

B. The Plaintiff, while having divorced, was two children. From August 2018, the Plaintiff and the Defendant took a school system with the Defendant. At the time, the Defendant belonged to himself/herself to the Plaintiff.

C. Around March 2019, the Plaintiff became aware of the fact that he was pregnant of the Defendant’s child, and that he was given birth around October 2019. The Defendant expressed to the Plaintiff that he was the father and son around May 2019 during the pregnancy period.

D. On November 30, 2019, the Defendant agreed to pay KRW 102,60,000 to the Plaintiff’s child support for one’s child born by the Plaintiff. On December 5, 2019, the Defendant paid the full amount to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 14, Eul evidence 1 or video (including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

According to the above facts, the plaintiff was committed as if the defendant was a son of son and did not speak of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son of son.

The consolation money shall be determined at KRW 20 million in consideration of all the circumstances indicated in the instant case, such as the developments leading up to the arrival of the Plaintiff and the Defendant, the duration of the teaching system of the Plaintiff and the Defendant, the Defendant’s words sent by the Defendant after the teaching system, the details and degree of the Defendant’s deception, and

Therefore, the defendant is obligated to pay to the plaintiff 20 million won and to pay damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from March 27, 2020 to November 26, 2020, which is the date of the judgment of this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment, as requested by the plaintiff.

3. Conclusion

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

Judges Kim Jong-il