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(영문) 제주지방법원 2020.11.16 2020가단56065
손해배상(기)
Text

The defendant's KRW 10,000,000 for the plaintiff and 5% per annum from June 2, 2020 to November 16, 2020 for the plaintiff.

Reasons

The plaintiff's assertion is a married couple on December 16, 2015.

The defendant committed unlawful acts with C, thereby causing mental damage to the plaintiff.

Therefore, the defendant is obligated to pay consolation money for mental damage to the plaintiff.

Judgment

Comprehensively taking account of the overall purport of the arguments in the statements and videos (including branch numbers) of Gap evidence Nos. 1 through 9, the plaintiff is a legally married couple who reported marriage on December 16, 2015, the plaintiff and Eul have two children (year 2016), and the defendant committed unlawful acts from April 2019 to July 201 (the defendant does not dispute this point).

According to the above facts, it is reasonable to view that the defendant caused mental harm to the plaintiff by committing unlawful acts with C.

Therefore, the defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

Taking account of the duration of marital life, family relationship, age, occupation, etc. between the Plaintiff and C as revealed in the above recognition scope of liability for damages, and considering the fact that the Defendant notified the Plaintiff of the fact that the Defendant committed an unlawful act with C and C, it seems that the Plaintiff was subject to the psychological shock of the token.

In addition, the plaintiff's children are also able to receive a sunken area or to receive it in the future. (1) The illegal act between C and the defendant seems difficult to hold the defendant liable only because it is difficult to view that it was caused or maintained by the defendant's unilateral difficulty. (2) Although there is a contact between C and the defendant after July 2019, the illegal act between C and the defendant was completed, it seems that it is part of the circumstances for demanding repair of defects.

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