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(영문) 의정부지방법원고양지원 2017.11.23 2017가단75411
손해배상(기)
Text

1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate of KRW 5% from April 4, 2017 to November 23, 2017.

Reasons

The plaintiff completed the marriage report with C on September 20, 203 and has a child under the chain.

C had become aware of the Defendant around 2016, and had an inappropriate relationship with the Defendant, and the Plaintiff became aware of C’s improper act around January 2017 by confirming C’s Kakakao Stockholm, etc.

[Ground of recognition] In light of the facts without dispute, Gap 1, 2, 3, and 4, and the purport of the whole pleadings, Eul committed an unlawful act by establishing an inappropriate relationship with the defendant during the marriage with the plaintiff. The defendant is aware that C is a spouse, and the defendant took part in C's unlawful act and suffered mental pain to the plaintiff who is his spouse. Thus, the defendant is liable to compensate the plaintiff.

Furthermore, in consideration of the various circumstances revealed in the pleadings of the instant case, such as the period during which the Plaintiff and C continue to marry, the contents and period of misconduct, the fact that the Plaintiff was not separately liable to C, the principal responsible person, and the degree of efforts to recover the Plaintiff and C’s families, the consolation money to be paid to the Plaintiff shall be determined as KRW 13 million.

Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.

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