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(영문) 수원지방법원 2019.03.26 2018가단545866
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and the following: 5% per annum from October 12, 2018 to March 26, 2019; and

Reasons

1. The facts following the facts of recognition are recognized as either a dispute between the parties or in full view of the evidence No. 1 and the purport of the entire pleadings.

① The Plaintiff and C are legally married couple who reported marriage on November 7, 2012.

② Since January 2018, the Defendant, as well as C and D department in the same orchard, committed unlawful acts, such as adultery, even though being aware of the existence of the Plaintiff, who was his spouse, committed the act of adultery since June 2018.

2. Determination

A. The Defendant is liable to pay consolation money to the Plaintiff, as the Plaintiff suffered emotional distress by committing unlawful acts, such as the Plaintiff’s spouse C and C, and thus, by doing so.

B. In full view of all the circumstances revealed in the arguments in the instant case, including the scope of liability for damages by the Defendant and C’s wrongful act and the extent and duration of the act, and the marriage period between the Plaintiff and C, the amount of consolation money that the Defendant is liable to pay to the Plaintiff shall be KRW 1

3. Conclusion, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 15,00,00 and/or delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from October 12, 2018, the day following the delivery date of the instant complaint, to March 26, 2019, which is the date of this decision, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as without merit, and the costs of lawsuit shall be determined by taking into account all the circumstances, such as the progress of the lawsuit in this case, etc.

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