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(영문) 수원지방법원 2020.02.19 2019가단555594
손해배상(기)
Text

1. The Defendant’s KRW 22,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 2, 2016 to February 19, 2020.

Reasons

The cause of the claim of this case is as shown in the attached Form, and it can be recognized by considering the evidence A 1 through 25 (including the provisional number), and facts without dispute, all purport of the pleading.

According to the above facts of recognition, the defendant committed an unlawful act with C, who is the husband of the plaintiff, thereby infringing on and obstructing the maintenance of the plaintiff's community life and infringing on the plaintiff's spouse's right as the spouse, and thereby causing severe mental pain to the plaintiff.

Therefore, the plaintiff is obliged to pay consolation money as compensation for tort.

The amount of consolation money shall be determined by 22,00,000 won in consideration of all the circumstances shown in the pleadings of this case, such as the marriage period of the Plaintiff and C, children relations, the background leading up to the Defendant’s unlawful act, the content and maintenance period of the unlawful act, the degree of suffering of the Plaintiff, and the Defendant’s attitude.

Therefore, the defendant is obligated to pay to the plaintiff 22,00,000 consolation money and damages for delay calculated at the rate of 5% per annum under the Civil Act from March 2, 2016, which is the date of tort, to February 19, 2020, which is the date of the judgment of the court below, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no reason.

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