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(영문) 대구지방법원 2019.03.21 2018가단125362
손해배상(기)
Text

1. The Defendant’s KRW 15 million and the following day from September 5, 2018 to March 21, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who was married with C on October 22, 1999.

(2) The Defendant is a person who has served as a friendly C in the so-called “grouping” at a university.

B. On March 27, 2015, the Defendant and C’s Cheating (1) falsely speaks that the Plaintiff will work at night, and the Defendant was in a sexual relationship with the Defendant entering the Defendant’s accommodation near the eating place.

(2) Since then until 2017, C had sexual intercourse with the Defendant more three times at the accommodation facility located in Dong-si and Daegu, one of its own workplace.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 4 through 6, 12, and 17, Eul's testimony and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged above, the defendant suffered mental pain to the plaintiff who is the spouse by committing an unlawful act with C.

The defendant is obligated to pay consolation money to the plaintiff.

The amount of consolation money shall be determined as KRW 15 million in consideration of the details, details, etc. of the misconduct.

B. The Defendant is obligated to pay damages for delay calculated by the rate of 5% per annum under the Civil Act from September 5, 2018 following the delivery of the complaint of this case sought by the Plaintiff after the date of tort to the Plaintiff from September 5, 2018 to March 21, 2019, which is the date of this decision, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. The plaintiff's claim of this case is justified within the scope of the above recognition.

The plaintiff's remaining claims are dismissed for lack of reasonable grounds.

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