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(영문) 춘천지방법원강릉지원 2019.04.30 2018가단34458
위자료
Text

1. The Defendant: (a) KRW 30,00,000 and the Plaintiff’s annual rate from October 5, 2018 to April 30, 2019; and (b) May 1, 2019.

Reasons

1. The fact that the defendant committed an unlawful act against the plaintiff's spouse shall be deemed to have led to the confession under Article 150 of the Civil Procedure Act.

Inasmuch as it is apparent in light of the empirical rule that the Plaintiff suffered from mental suffering due to such unlawful act, the Defendant is obligated to pay consolation money to the Plaintiff’s emotional distress (Article 751(1) of the Civil Act). In full view of all the circumstances revealed in the pleadings, such as the content of such unlawful act and the Defendant’s attitude after such unlawful act, the amount of consolation money shall be KRW 3

2. Regarding the claim for the payment of the Handphone charge and the change of name, the plaintiff asserted that the defendant did not pay the above money after opening the mobile phone under the name of the plaintiff's spouse, and that the defendant did not pay the use fee and the remaining installments 2,152,514 won, but it is difficult to view that the plaintiff has the right to demand the payment of the above fee and the change of name. Thus, this part of the plaintiff's assertion is rejected

3. According to the conclusion, the defendant is obligated to pay to the plaintiff the consolation money of KRW 30 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 5, 2018 to the date following the delivery of a copy of the complaint of this case sought by the plaintiff as a tort after the date of this judgment, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment. Thus, the plaintiff's claim is partially accepted within the above recognized scope, and with respect to the bearing of litigation costs and the declaration of provisional execution, it is so decided as per Disposition by applying the main sentence of Article

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