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(영문) 의정부지방법원 고양지원 2021.01.20 2020가단84408
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 20,000,00 and shall be 5% per annum from July 3, 2020 to January 20, 2021, and shall be repaid to the plaintiff.

Reasons

1. Facts of recognition;

A. On June 12, 1996, the Plaintiff completed a marriage report with C on June 12, 1996, and has three children between C and C.

B. From October 2019 to May 2020, the Defendant sent a relationship with C, such as making it easier to talk with C several times.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 10, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Defendant, who is liable for damages, committed an unlawful act with C, the spouse of the Plaintiff, thereby infringing on the communal life of the Plaintiff and C, or interfering with their maintenance, and infringing on the Plaintiff’s right as the spouse.

Therefore, it is clear in light of the empirical rule that the plaintiff suffered mental suffering.

피고는 원고에게 정신적 손해의 배상으로서 위자료를 지급할 의무가 있다( 원고는 피고가 2014. 경부터 C 롸 부정행위를 계속하여 왔다는 취지로 주장하나, 원고가 제출한 증거들 만으로는 피고가 앞서 인정한 범위를 넘는 기간 부정행위를 계속하였다고

(2) The Plaintiff and C’s marriage period, marital relationship, family relationship, details and degree of misconduct, and circumstances after the act was revealed, etc. are considered as 20,000 won.

(c)

Therefore, it is reasonable for the defendant to dispute the existence or scope of his duty of performance from July 3, 2020, after serving a copy of the complaint of this case on the plaintiff as consolation money 20,000,000 and the plaintiff.

As of January 20, 2021, the day of this decision, which is the day of this decision, 5% per annum prescribed by the Civil Act, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. If so, the plaintiff's claim is reached.

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