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(영문) 의정부지방법원고양지원 2017.12.07 2017가단75640
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from April 22, 2017 to December 7, 2017.

Reasons

The plaintiff and C are married couple who completed the marriage report on December 28, 2009, and have one male and female between them.

C entered into an inappropriate relationship between the Defendant from July 2015, and the Plaintiff became aware of the relationship between C and the Defendant around October 2016.

D, the Defendant’s spouse, filed a lawsuit claiming consolation money against C while deciding to divorce with the Defendant (U.S. District Court Branch 2017ddan702468), and conciliation was concluded on September 19, 2017 of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-13, and the purport of the whole pleadings are as follows: Eul formed an inappropriate relationship with the defendant during the marriage with the plaintiff, and thereby caused mental suffering to the plaintiff who is the spouse of C by participating in C's wrongful act, knowing that C is a spouse, and thus, the defendant is liable for damages to the plaintiff.

Furthermore, taking into account the various circumstances shown 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 fraudulent act, the background leading up to the instant lawsuit, the Plaintiff’s failure to separately impose liability on C who is the principal responsible person, the degree of efforts made by the Plaintiff and C to recover their families, and the compensation for damages for related cases, the consolation money to be paid to the Plaintiff shall be determined as KRW 10

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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