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(영문) 인천지방법원 2017.05.25 2016가단254664
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from November 30, 2016 to May 25, 2017.

Reasons

1. The Plaintiff and C are legally married couple who completed a marriage report on May 10, 2004, and the Defendant, the president of a child-care center, working for the Plaintiff, was in bad faith between September 2016 and November 201, there is no dispute between the parties.

According to the above facts of recognition, C’s above act constitutes a fraudulent act in which husband and wife’s duty of well-being was committed, and the Defendant took part in such illegal act and infringed upon the Plaintiff’s spouse’s right as the Plaintiff’s spouse, and thus, the Defendant is obliged to pay for mental damage suffered by

(2) The scope of the Defendant’s liability for damages is determined as KRW 15,00,000, taking into account the various circumstances revealed in the arguments, including the degree and duration of the Defendant’s and C’s wrongful act, as the president of a child-care center where the Plaintiff was working and the Defendant’s family members appear to have suffered a considerable impact on the Plaintiff by issuing this case while the Plaintiff and C’s family members are in mutual friendship.

Therefore, the defendant is obligated to pay to the plaintiff 15,00,000 consolation money and damages for delay calculated at the rate of 5% per annum under the Civil Act from November 30, 2016, which is the date of this decision, to May 25, 2017, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, which is the date of this decision, where it is deemed reasonable for the defendant to resist the scope of his/her duty to perform.

3. As such, the plaintiff's claim of this case is justified 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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