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(영문) 서울동부지방법원 2020.11.11 2020가단111612
손해배상(기)
Text

1. The defendant's KRW 18,000,000 and its amount shall be 5% per annum from April 29, 2020 to November 11, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legal married couple who reported their marriage on April 28, 200 and have two children.

B. The Defendant has maintained unlawful relations, such as having a sexual intercourse with C from around 2017 to 2020.

[Grounds for recognition] Evidence Nos. 1 through 11, the purport of the whole pleadings

2. According to the above facts of recognition, since the marriage relationship between the plaintiff and C was infringed or obstructed due to the above misconduct by the defendant and C, the defendant has a duty to compensate for mental suffering suffered by the plaintiff in money.

Furthermore, as to the amount of consolation money that the Defendant is liable to compensate, the amount of consolation money is determined as KRW 18,00,000, in full view of all the circumstances shown in the pleadings of the instant case, including health team, the content, degree, and period of the misconduct of the Defendant and C, the pattern and period of the marriage between the Plaintiff and C, and the impact of the Defendant’s wrongful act on the above marriage.

Therefore, the defendant is obligated to pay to the plaintiff 18,00,000 won with compensation for damages caused by tort and damages for delay at each rate of 5% per annum as stipulated by the Civil Act from April 29, 2020 to November 11, 2020, which is the date of the judgment that is appropriate to dispute about the existence or scope of the defendant's obligation to pay from April 29, 2020, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff's claim is accepted within the above recognition scope, and the remaining claims are dismissed.

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