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(영문) 대전지방법원천안지원 2020.11.11 2020가단110508
손해배상(기)
Text

The defendant's KRW 17,00,000 for the plaintiff and its 5% per annum from July 16, 2020 to November 11, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff and Nonparty C are legally married couple who completed the marriage report on June 18, 2011, and have two minor children among them.

B. From September 2018, the Defendant committed unlawful acts, such as having sexual intercourses, while maintaining C and inappropriate son from around September 2018, knowing that he/she had a spouse.

[Grounds for Recognition: The entries in the evidence of subparagraphs 1 through 6, the purport of the whole pleadings]

2. According to the above facts of recognition, the defendant committed an unlawful act with C even though he is a spouse of C, and thereby, the plaintiff's marital relationship was infringed or interfered with the maintenance thereof. Thus, the defendant is obligated to bring the plaintiff with mental damage in money. In full view of all the circumstances shown in the arguments of this case, such as the contents of the unlawful act between the defendant and C, the marriage period and family relationship between the plaintiff and C, the influence of the defendant's improper act on the plaintiff's family and marital life, and circumstances after the act, it is reasonable to determine the amount of consolation money that the defendant is liable to compensate the plaintiff as 17,00,000 won.

Therefore, the defendant is obligated to pay to the plaintiff 17,00,000 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from July 16, 2020 to November 11, 2020, which is the day following the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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