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(영문) 대전지방법원 천안지원 2018.09.12 2018가단103361
손해배상(기)
Text

1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 24, 2018 to September 12, 2018.

Reasons

After completing the marriage report on April 23, 2010, the Plaintiff and C have two children (2011 and 2014).

Around December 2017, the Defendant committed an unlawful act, such as having a sexual intercourse with C, knowing that C has a spouse, with knowledge that C had a spouse from the time of business trip of C around December 2017 as a workplace worker of C.

On February 9, 2018, the defendant drinked C and alcohol at the plaintiff's house and had sexual intercourse.

The Plaintiff became aware of the relationship between the Defendant and C, and on February 23, 2018, the Defendant agreed to recognize the Plaintiff’s fraudulent act with C, and to not have any 20 million won of consolation money within one month, and to not have any knife with C again.

However, even after that, the defendant came to meet with C in the telecom and studio.

【In the absence of dispute, Gap evidence Nos. 1-10 (including a paper 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. The defendant’s unlawful act is reasonable to determine the amount of consolation money to be paid by the defendant to the plaintiff as 23 million won in full view of all the circumstances indicated in the arguments in the instant 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 on the plaintiff’s marital life, the defendant committed an unlawful act in the plaintiff’s residential space

Therefore, as the Plaintiff seeks, the Defendant’s defense over the existence and scope of the obligation from April 24, 2018, which was the day following the delivery date of a copy of the complaint of this case, to September 12, 2018, which is the date of this decision, is 5% per annum under the Civil Act, and 5% from the following day to the day of complete payment.

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