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(영문) 대전지방법원홍성지원 2020.02.04 2019가단33562
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 12% per annum from November 3, 2019 to the date of complete payment.

Reasons

1. The indication of the claim is C and the legal spouse who reported the marriage on May 16, 1997.

From 2015 to February 2019, the Defendant committed unlawful acts, such as sexual intercourse with the Plaintiff’s spouse (the Plaintiff’s spouse) and committed an unlawful act, and thereafter, the Plaintiff suffered serious mental pain by committing an unlawful act against the Plaintiff.

As above, the Defendant inflicted damages on the Plaintiff by committing a tort, and thus, the Defendant shall pay to the Plaintiff consolation money of KRW 40 million due to mental pain and damages for delay from the day following the delivery date of a copy of the complaint of this case.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. In determining the amount of consolation money on the grounds of partial dismissal, the following factors are considered: the period of marriage and family relationship between the Plaintiff and C; the period revealed that the Defendant committed a fraudulent act with C; the impact of the Defendant and C’s fraudulent act on the Plaintiff’s marital life; and the Defendant’s criminal conduct after

The amount shall be determined as KRW 20 million in consideration of the circumstances leading up to the misconduct by the Defendant and C or the lack of data to verify the detailed details of the misconduct between the Defendant and C.

Therefore, as per Disposition, the plaintiff's claim for consolation money exceeding the above amount is dismissed.

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