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(영문) 대구지방법원안동지원 2020.10.14 2019가단23343
손해배상(기)
Text

1. The Defendant’s KRW 12 million to the Plaintiff, as well as 5% per annum from October 19, 2019 to October 14, 2020.

Reasons

1. Basic facts

A. The Plaintiff and C are the legal couple who gave birth to a child on April 12, 2017 and reported marriage on April 17, 2017.

B. Around September 13, 2019, around that time, including drinking alcohol, and the Defendant frequently performed drinking alcohol to a new wall or exchanged contact with a new wall. Around that time, around September 13, 2019, the Defendant also went into a telecom.

At the time, the defendant was aware that C is a spouse.

[Ground] Evidence Nos. 1 through 5, 10, 11, and the purport of the whole pleadings

2. According to the above facts of recognition, since the defendant committed an unlawful act with the plaintiff's spouse C and thereby infringed on the marital life between the plaintiff and C or interfered with the maintenance thereof, the defendant has a duty to compensate for mental damage suffered by the plaintiff in money.

As to the amount of consolation money, the amount of consolation money that the defendant shall pay to the plaintiff shall be determined at 12 million won, considering all the circumstances such as health group, the period of marriage between the plaintiff and C, the contents and degree of fraudulent act, the influence of fraudulent act on the plaintiff's common life, the defendant's attitude after the fraudulent act, and the degree of contribution to C to the above fraudulent act.

3. Conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated on October 19, 2019, which is the day following the delivery date of the complaint of this case, to October 14, 2020, by the rate of 5% per annum as stipulated by the Civil Act from October 14, 2020, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the Plaintiff seeks.

The plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as there is no reasonable ground.

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