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(영문) 서울중앙지방법원 2020.12.10 2020가단5139322
손해배상(기)
Text

1. The defendant's KRW 20,000,000 per annum for the plaintiff and 5% per annum from June 9, 2020 to December 10, 2020.

Reasons

1. Facts of recognition;

A. On July 29, 2016, the Plaintiff has two minor children under C and the couple who completed the marriage report on July 29, 2016.

B. The Defendant’s wrongful act, despite being aware that C was married to the Plaintiff, has entered into an unlawful relationship, including a sexual intercourse with C for several months from August 2019.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 21 (including each number), the purport of the whole pleadings

2. The Defendant liable to compensate for damages, even though he knows that C is the husband of the Plaintiff, has committed an improper act including a sexual intercourse, while maintaining an inappropriate relationship for a period of time. Such an improper act is a tort that infringes on, or interferes with, the common life of the husband and wife, which corresponds to the essence of the marriage between the Plaintiff and the Plaintiff, and infringes on the Plaintiff’s spouse’s right as the spouse, and thereby, has inflicted mental pain on the Plaintiff, the Defendant

Furthermore, it is reasonable to determine 20,000 won in consideration of all the circumstances, including the health care unit, the content and degree of the Defendant’s misconduct, the period during which the Defendant maintained improper relations, and the period of married life between the Plaintiff and C.

3. If so, the defendant is obligated to pay to the plaintiff 20 million won and the amount of damages for delay at the rate of 5% per annum under the Civil Act from June 9, 2020 to the date following the delivery date of the complaint of this case as requested by the plaintiff, 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. Thus, the plaintiff's claim shall be accepted within the scope of the above recognition.

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