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(영문) 수원지방법원안산지원 2017.04.07 2016가단71334
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from November 9, 2016 to April 7, 2017.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff married with C on December 18, 1991.

(2) The Defendant knowingly sent C a text message with C from May 2013 to August 2016, with the knowledge of the fact that C had a spouse, and sent C a travel along with C, such as having a sexual intercourse.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, video of Gap evidence 4, purport of whole pleading

B. According to the above facts of recognition, the defendant is responsible for paying consolation money to the plaintiff, since it is recognized that the defendant participated in the plaintiff's illegal acts of the plaintiff's spouse C, thereby causing considerable mental suffering to the plaintiff.

2. In light of the following circumstances: (a) the scope of damages liability of the Plaintiff; (b) the period of marriage of the Plaintiff; (c) the period during which the Defendant took part in the Plaintiff’s spouse’s wrongful act; (d) the Defendant’s attitude after the Plaintiff was known to the Plaintiff; and (e) other arguments, it is reasonable

3. Therefore, the defendant is obligated to pay to the plaintiff 20 million won and damages for delay calculated at the rate of 5% per annum from November 9, 2016, which is the date following the delivery date of the copy of the complaint of this case sought by the plaintiff, to April 7, 2017, which is the date of the decision of this case, and 15% per annum from the next day to the date of complete payment. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed.

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