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(영문) 대전지방법원 2018.06.21 2018가단200232
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from January 26, 2018 to June 21, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on August 12, 1999.

B. From October 2017 to October 2017, the Defendant was aware that C was a spouse, and committed an unlawful act while teaching C with C.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant maintained improper relations with C with the knowledge that C is a spouse, thereby infringing upon the common life of both the plaintiff and C, and it is clear in light of the rule of experience that the plaintiff suffered from 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, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 15,00,000 and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from January 26, 2018 to June 21, 2018, which is the day following the delivery date of the instant complaint, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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

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