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(영문) 서울남부지방법원 2018.10.26 2018나52936
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On January 7, 2009, the Plaintiff was a legally married couple who completed a marriage report with C on January 7, 2009, and was her husband and wife D under the slur.

B. On November 25, 2011, the Defendant and C expressed to the Plaintiff that “I will live in the same way as C has long been on a long-term basis.”

C Thereafter, the plaintiff's house is living together with the defendant.

C. C gave birth to a child between the Defendant on the E date and the Defendant, and upon C’s request, the Plaintiff reported the birth of a child born between C and the Defendant as “F” upon the request of C that “a child, who is a legal marital relationship, would be entitled to receive medical insurance benefits, to have the birth report on the birth of the child born between C and the Defendant.”

On December 7, 2016, the Plaintiff filed a petition for divorce with the Seoul Family Court for divorce, and filed a petition for divorce on December 13, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. As above, the Defendant maintained an inappropriate relationship with C for a long time, and gave birth to the Plaintiff. As such, it is clear in light of the empirical rule that the Plaintiff was suffering from considerable mental suffering, such as failure of marriage with C due to the failure of marriage with C, etc., the Defendant is obliged to pay a monetary injury to the Plaintiff due to a wrongful act with C.

B. Furthermore, with regard to the amount of consolation money, the amount of consolation money shall be determined at KRW 30 million, considering the following circumstances: (a) the Plaintiff and C’s marriage period; (b) the period of misconduct committed by the Defendant and C; (c) the degree thereof; and (d) and all other circumstances revealed in the proceedings of the instant case.

C. Therefore, as the Defendant seeks from November 25, 201 to October 26, 2018, the adjudication date of this case from November 25, 201 to October 26, 2018, the Defendant’s compensation amounting to KRW 30 million to the Plaintiff, the Defendant’s compensation amounting to KRW 5% per annum under the Civil Act and the date of full payment.

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