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(영문) 수원지방법원 2019.09.17 2018가단558220
손해배상(기)
Text

1. The Defendant’s KRW 18,00,000 as well as the Plaintiff’s annual rate of 5% from February 24, 2019 to September 17, 2019, and the following.

Reasons

1. The facts subsequent to the facts of recognition are recognized as either a dispute between the parties or in full view of the evidence A, the witness C’s testimony and the purport of the entire pleadings.

① The Plaintiff and C are legally married couple who completed the marriage report on August 2, 2000.

② With knowledge of the fact that the Defendant had a spouse, the Defendant committed unlawful acts, such as having sexual intercourses with C from August 2009 to October 2018.

2. Determination

A. The Defendant, who caused the liability for damages, committed unlawful acts such as having sexual intercourse with C by establishing a relationship with C, who is the spouse of the Plaintiff. Accordingly, the Plaintiff suffered considerable mental suffering.

Therefore, the defendant is liable to pay consolation money to the plaintiff.

B. In full view of all the circumstances revealed in the arguments in the instant case, including the scope of liability for damages by the Defendant and C, the degree and duration of the unlawful act by the Defendant and C, and the marriage period between the Plaintiff and C, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as

3. Conclusion, the Defendant is obligated to pay to the Plaintiff the consolation money of KRW 18,00,000 as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 24, 2019 to September 17, 2019, which is the date of delivery of the complaint, from February 24, 2019, and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

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