logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.12.19 2018가단238406
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from August 9, 2018 to December 19, 2018.

Reasons

1. Facts of recognition;

A. On January 19, 2009, the Plaintiff married with C on January 19, 2009, has two children under the chain.

B. From January 2016, the Defendant met C and came from June 30, 2018.

7.1. From July 20, 2018 to July 20, 2018

7. In the time from August 6, 2018 to August 8, 2018, 201, she committed an unlawful act, such as holding a telecom and lodging with a training center, etc.

C. The Plaintiff and C maintain their current matrimonial relationship.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 6, 19, 20 (including paper numbers), and the purport of the whole pleadings

2. According to the above facts of recognition, the misconduct between the defendant and C constitutes a joint tort against the plaintiff, and the plaintiff suffered a serious mental suffering. Therefore, the defendant is liable to pay consolation money to the plaintiff.

The amount of consolation money to be paid by the defendant shall be 20,000,000 won in consideration of all the circumstances, such as the period of marital life between the plaintiff and C, the period and degree of fraudulent act between the defendant and C, and the circumstances after the occurrence of fraudulent act.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act from August 9, 2018, which is the day following the date of service of a copy of the complaint of this case sought by the Plaintiff after the date of tort, to December 19, 2018, which is deemed reasonable for the Defendant to dispute on the scope of its obligation to perform, 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. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

arrow