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(영문) 대구지방법원안동지원 2020.05.20 2019가단23428
손해배상(기)
Text

1. The Defendant’s KRW 15 million to the Plaintiff, as well as 5% per annum from October 23, 2019 to May 20, 2020.

Reasons

1. Basic facts

A. The plaintiff is a legally married couple who completed the marriage report with C on August 30, 1993.

B. Although the Defendant knew that C is a spouse, he/she performed unlawful acts, such as having sexual intercourses with C from June 2017 to October 2018.

[Ground] Evidence Nos. 1 through 7 and the purport of the whole pleading

2. According to the above facts of recognition, the defendant committed an unlawful act with the plaintiff's spouse C, thereby infringing on the marital life between the plaintiff and C or interfering with the maintenance thereof. Thus, the defendant has a duty to pay monetary compensation for mental damage suffered by the plaintiff.

As to the amount of consolation money, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined with 15 million won, taking into account the health team, the marriage period and family relations between the Plaintiff and C, the period and contents of fraudulent act, the impact of the above fraudulent act on the marital relations between the Plaintiff and C, the Defendant’s attitude after the fraudulent act, and all other circumstances shown in the argument of this case

3. Conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated on October 23, 2019, the day following the delivery date of the complaint of this case, which is the day of the delivery date of the complaint of this case, to May 20, 2020, by 5% per annum under the Civil Act and 12% 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, as the Plaintiff seeks.

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

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