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(영문) 수원지방법원 2019.09.19 2019가단527872
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from June 4, 2019 to September 19, 2019 to the Plaintiff.

Reasons

1. The Plaintiff’s claim indication 00,000 won, on the ground that: (a) the Defendant sought payment of consolation money of KRW 31 million from September 2018 to May 2019 on the ground that the Defendant committed an unlawful act, such as having sexual intercourse with the Plaintiff’s husband C, or maintained an inappropriate relationship with the Plaintiff’s husband C, thereby seriously infringing the Plaintiff’s family; and (b) the Defendant sought payment of consolation money of KRW 31 million from the Plaintiff’s claim amount; and (c) the Defendant did not deny

2. The amount of consolation money: The amount of consolation money which the defendant calculated the amount of consolation money to the plaintiff as 12 million won in consideration of the various circumstances as set forth below 12 million won, and the age and marriage period of the plaintiff and her husband C, family relationship (no child) and the above improper act seems to have been damaged due to the plaintiff's mental or physical shock, but there is no evidence to deem that the marital relationship has yet reached the "spatition", and there is no evidence to prove that the plaintiff is receiving a mental treatment or receiving a outpatient treatment every day due to the "spatition, uneasiness, and decline of insluence," and there is no evidence to support that the plaintiff has maintained the relationship between the defendant and 0, and C and the period of unlawful act (less than 1 year), especially the degree of the defendant's participation in the plaintiff's business with the plaintiff's office: The degree of 00, in particular, the defendant's participation in the plaintiff's improper act, which is found to have been found to be more active than C.

3. Damages for delay: It shall be calculated at the Plaintiff’s claim, but it shall be revised by Presidential Decree No. 29768 on May 21, 2019, and the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., which was enforced from June 1, 2019, is 12/100 per annum.

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