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(영문) 인천지방법원부천지원 2016.04.27 2015가단116447
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from December 11, 2015 to April 27, 2016.

Reasons

1. Facts of recognition;

A. On September 18, 2006, the Plaintiff and C(D) are married couple who reported their marriage on September 18, 2006, and have one son(2007) and one son(2008) under the stern.

B. Around August 2015, the Defendant came to know C at an entertainment establishment through T, i.e., Homan-nam, and maintained an inappropriate relationship between around that time and around October 2015, by using a vehicle and falling short of the night hours, and sexual contact.

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

C. The marriage between the Plaintiff and C due to such unlawful acts by the Defendant and C has reached a failure (the receipt of an application for confirmation of intention of divorce on January 14, 2016). [Grounds for recognition] of absence of dispute, Gap 1-8 evidence (including abnormal numbers), and the purport of the entire pleadings.

2. Determination

A. The defendant's above behavior constitutes a tort in relation to the plaintiff and the plaintiff suffered a considerable mental suffering. Therefore, the defendant is obligated to pay consolation money to the plaintiff as compensation for damages.

B. Considering the evidence and various circumstances acknowledged prior to the scope of liability for damages and the purport of the entire pleadings, namely, the marriage period of the Plaintiff and C, the age of their children, the background and period of misconduct between the Defendant and C, the details of the act, and the degree of failure of marriage between the Plaintiff and C, it is reasonable to deem the amount of consolation money to be paid to the Plaintiff as KRW 1

C. Accordingly, according to the theory of litigation, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 11, 2015 to the date following the delivery of a copy of the complaint of this case, as sought by the Plaintiff, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. The reasons for conclusion are the same as above.

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