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(영문) 수원지방법원 2019.05.21 2018가단555108
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and the following: 5% per annum from December 11, 2018 to May 21, 2019; and

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (8) and the purport of the entire pleadings.

① The Plaintiff and C are legally married couple who completed the marriage report on May 23, 2011.

② While being aware of the existence of the Plaintiff as his spouse, the Defendant committed unlawful acts, such as entering into a relationship with C from April 2018 to November 2018 with C, thereby running along with the hotel.

2. Determination

A. The Defendant, who is liable for damages, committed unlawful acts, such as lodging in the hotel with the Plaintiff’s spouse upon entering into a relationship with C, which is the Plaintiff’s spouse. Accordingly, the Plaintiff suffered a considerable mental suffering.

Therefore, the defendant is liable to pay consolation money to the plaintiff.

B. In full view of all the circumstances revealed in the arguments in the instant case, including the scope of liability for damages by the Defendant and C, the degree and duration of the unlawful act by the Defendant and C, and the marriage period between the Plaintiff and C, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be KRW

3. Conclusion, the Defendant is obligated to pay to the Plaintiff the consolation money of KRW 15,00,000 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from December 11, 2018, which is the date of delivery of the complaint, to May 21, 2019, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date 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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