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(영문) 인천지방법원 2019.01.09 2018가단244685
손해배상(기)
Text

1. The Defendant’s KRW 13,00,000 as well as 5% per annum from September 6, 2018 to January 9, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the marriage report with C on August 1, 2013.

B. The Defendant was aware of C around May 31, 2018, and committed an unlawful act, such as lodging in a penthouse, which was also strengthened with C around August 8, 2018.

C. The Plaintiff and C maintain their current matrimonial relationship.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-3, Evidence No. 3-1, 2, 3, and Evidence No. 4, and the purport of the whole pleadings

2. According to the above facts of recognition, the misconduct between the defendant and C constitutes a joint tort against the plaintiff, who is the spouse of C, and the plaintiff suffered a serious mental suffering. Therefore, the defendant is liable to pay consolation money to the plaintiff.

The amount of consolation money to be paid by the defendant shall be determined as 13,00,000 won in consideration of all the circumstances, such as the period of marital life between the plaintiff and C, the period and degree of fraudulent act between the defendant and C, and the circumstances after the fraudulent act.

Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated by the ratio of 5% per annum under the Civil Act from September 6, 2018 to January 9, 2019, which is the date following the day on which the copy of the complaint of this case is served to the plaintiff after the date of tort, to 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

3. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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