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(영문) 대전지방법원 2020.08.27 2020가단102812
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from February 7, 2020 to August 27, 2020, and the next day.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, 4, and 5, the Plaintiff and the married couple who completed the marriage report on June 11, 2001 and had two children between C and C. The Defendant, even though he/she is aware that he/she is a spouse, committed an unlawful act, such as committing “C” from May 2018 to June 2019.

According to the above facts of recognition, the defendant has a duty to pay consolation money to the plaintiff, since the defendant violated a marital life falling under the essence of marriage or obstructed the maintenance thereof, and infringed the plaintiff's spouse's right as the plaintiff's spouse for a marital life.

2. In full view of all the circumstances shown in the pleadings of the instant case, including the scope of liability for damages and the marriage period of the Plaintiff C, family relation, the attitude and period of the Defendant and C’s improper act, circumstances after the fraudulent act was discovered, and the impact of the Defendant’s improper act on the Plaintiff’s marriage, the consolation money that the Defendant is liable to pay to the Plaintiff shall be KRW 20 million

Therefore, the defendant is obligated to pay to the plaintiff the consolation money of KRW 20,000 and the damages for delay calculated by the ratio of 5% per annum under the Civil Act from February 7, 2020 to August 27, 2020, which is the date of the adjudication of this case, and 12% 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, which is the day following the day when the copy of the complaint of this case was served on the defendant.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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