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(영문) 대전지방법원 2018.11.22 2018가단201303
위자료
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from February 10, 2018 to November 22, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C reported marriage on August 22, 200, but after divorce on June 19, 2008, have two children under the slurries, who again completed the marriage report on August 5, 2014.

B. The Defendant continued internal relations with C from November 2015 to October 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant maintained an inappropriate relation for a considerable period after being aware that C is a spouse, thereby infringing upon the plaintiff's and C's communal living, and it is clear in light of the rule of experience that the plaintiff suffered mental suffering. Thus, the defendant is liable to compensate for the plaintiff's damage caused by the above mental suffering.

B. Furthermore, with respect to the amount of consolation money that the Defendant is liable for compensation, the amount of consolation money shall be determined as KRW 15,00,000, considering the health team, the content and circumstances of the Defendant’s tort, degree and period of such tort, the marriage period and family relationship between the Plaintiff and C, and the impact on the Plaintiff’s common life due to

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated by applying the rate of 5% per annum under the Civil Act from February 10, 2018, the day following the delivery date of the complaint of this case to November 22, 2018, which is the date of the decision of this case, and the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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