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(영문) 수원지방법원 2021.01.27 2020가단539192
손해배상(기)
Text

The defendant jointly with C (D) and jointly with the plaintiff 15,00,000 won and the relation thereto shall be from July 9, 2020 to January 27, 2021.

Reasons

1. In full view of the fact-finding results and the purport of the entire pleadings by the head of the Immigration Office and the fact-finding by the court of this case, the plaintiff is a legally married couple who has reported a marriage with C, and the defendant is recognized as a person who has been a spouse of C while being aware that C was a spouse.

According to the above facts of recognition, the defendant suffered mental pain on the plaintiff by infringing on the common life of the married couple falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the plaintiff's spouse's right as the spouse of the married couple.

Therefore, the plaintiff is obligated to pay consolation money to the plaintiff.

2. As to the process of commencing and maintaining improper relations with the Defendant within the scope of compensation for damages, there is a greater possibility of criticism against C, and the Plaintiff, however, took legal measures against C.

There is no evidence to see that there is no evidence, the contents and duration of the unlawful act committed by the defendant and C, the age of the plaintiff and C, marriage period, family relationship, etc., shall be determined in full as 15 million won by taking into account all the circumstances shown in the records of this case.

Therefore, the defendant jointly with C (see Supreme Court Decision 2013Meu2441, May 29, 2015) is obligated to pay damages for delay at the rate of 15 million won and 12% per annum under the Civil Act from July 9, 2020 to January 27, 2021, which is the date the decision of this case is rendered, to the effect that it is reasonable to dispute over the existence and scope of the defendant's obligation to perform, as to the plaintiff, from July 9, 2020, the day following the day of the delivery of a copy of the complaint of this case to the day of complete payment.

3. The plaintiff's claim 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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