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(영문) 서울중앙지방법원 2017.09.07 2017가단5062613
손해배상(기)
Text

1. The Defendant’s KRW 15 million to the Plaintiff and the Plaintiff’s annual rate of 5% from February 11, 2017 to September 7, 2017.

Reasons

According to the overall purport of the arguments and arguments, the Plaintiff filed a marriage report with C on November 27, 2014, and maintained a marital life with C until now, and the Defendant associated with C, from March to January 2017, 2016, and the Plaintiff sent a marriage photograph and family relation certificate to C on September 23, 2016, to the Defendant on September 23, 2016, and requested the Defendant to inform him/her of his/her status as C’s spouse, and the Defendant was aware of the marital relationship between October and January 2017, with C, with the knowledge of the fact that C was married.

From March to September 22, 2016 to September 22, 2016, there is insufficient evidence to prove that the defendant knew or could have known the marriage of C, and there is no other evidence to prove otherwise.

In full view of the background, frequency, and the fact that the defendant continues to teach C's marriage even after being notified of C's marriage, and has sexual intercourses, the defendant's consolation money against the plaintiff shall be determined in 15 million won.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay at each rate of 5% per annum as stipulated by the Civil Act from February 11, 2017 to September 7, 2017, the day following the delivery day of the complaint of this case sought by the Plaintiff after the date of tort, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claim is dismissed as it is groundless.

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