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(영문) 수원지방법원여주지원 2019.12.11 2019가단56741
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from September 19, 2019 to December 11, 2019 to the Plaintiff.

Reasons

1. There is no dispute between the parties to the liability for damages, or according to the purport of Gap's evidence Nos. 1, 2, 4, 5, and 7 and all pleadings, the plaintiff and Eul are legally married couples who completed the marriage report on November 27, 1993, and the defendant may recognize the fact that he has maintained a relationship with C even though he/she is aware that C is a spouse from around 2015 to 2019.

According to the above facts of recognition, the defendant is obligated to pay consolation money for tort to the plaintiff.

2. In full view of all the circumstances revealed in the arguments in the instant case, such as the contents, degree and period of fraudulent act within the scope of liability for damages, the marriage period and family relation of the Plaintiff and C, and the influence of fraudulent act on the Plaintiff’s marital relations, it is reasonable to determine the amount of consolation money as KRW 25,000

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the delivery date of a copy of complaint ( September 19, 2019) to the sentencing date ( December 11, 2019), which is deemed reasonable for the Defendant to dispute as to the existence of the obligation and the scope of the obligation to perform, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

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

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