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(영문) 대전지방법원 홍성지원 2018.07.18 2017가단7422
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from November 15, 2017 to July 18, 2018 to the Plaintiff.

Reasons

Comprehensively taking account of the evidence Nos. 1-1, 2, and 5 through 7, and the overall purport of testimony and pleadings by witnesses C, the facts that the Plaintiff is a legally married couple who reported the marriage with C on Jan. 8, 1997, and the Defendant may recognize the fact that the Defendant had a sexual intercourse of three to four times per year with C and one year from the date of re-consembing C to C around 2015 to the date of 2017.

According to the above facts of recognition, since the defendant suffered mental suffering from the plaintiff by committing a wrongful act with C, the defendant is liable to compensate the plaintiff for such damage. Thus, the defendant is liable to compensate the plaintiff for the damages caused by an intentional or negligent act under Articles 750, 751 (1) and 750 (Definition of Unlawful Act) of the Civil Act.

Article 751 (Indemnification for Non-Economic Damages) (1) A person who injures another person's body, liberty or honor or causes any other mental pain shall be liable to compensate for damages other than property.

be assessed as having committed an illegal act under this subsection.

Therefore, the defendant is obligated to pay consolation money corresponding to its mental suffering to the plaintiff.

Furthermore, considering the marriage period and family relations of the Plaintiff and C, the period during which the Defendant committed an unlawful act continues, the Defendant’s attitude after the commission of the unlawful act, and the impact of C and the Defendant’s unlawful act on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 20 million.

As a result, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5% per annum as stipulated by the Civil Act from November 15, 2017, the following day after the delivery date of a copy of the complaint of this case sought by the Plaintiff, to July 18, 2018, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment, to the day of the delivery of a copy of the complaint of this case sought by the Plaintiff.

The plaintiff is a consolation money of 30,000.

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