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(영문) 수원지방법원 2019.06.18 2018가단546388
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of 5% from November 27, 2018 to June 18, 2019, and the following.

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (8) and the purport of the entire pleadings.

① The Plaintiff and C are legally married couple who completed the marriage report on February 15, 2016.

② The Defendant knowingly committed an unlawful act of establishing a relation with C from September 2016 to April 2018 with knowledge of the existence of a spouse.

2. Determination

A. The defendant, who suffered damage, committed an unlawful act by establishing a relationship with C, who is the spouse of the plaintiff, and thereby, the plaintiff suffered a considerable mental suffering.

Therefore, the defendant is liable to pay consolation money to the plaintiff.

B. In full view of all the circumstances revealed in the arguments in the instant case, including the scope of liability for damages by the Defendant and C, the degree and duration of the unlawful act by the Defendant and C, and the marriage period between the Plaintiff and C, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be KRW

3. Conclusion, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 15,00,000 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from November 27, 2018, which is the day immediately following the delivery date of the instant complaint, to June 18, 2019, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

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