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(영문) 춘천지방법원 강릉지원 2018.10.16 2018가단32339
손해배상(기)
Text

1. The Defendant: (a) KRW 20,00,000 and the Plaintiff’s annual rate from May 31, 2018 to October 16, 2018; and (b) October 17, 2018.

Reasons

Comprehensively taking account of the overall purport of evidence Nos. 1 through 5 (Partial number omitted), the Defendant may recognize the fact that the Defendant committed an unlawful act while putting the Plaintiff’s spouse C and C in depth from December 2017 to April 17, 2018, thereby infringing the Plaintiff’s marital life. As such, the Defendant is obligated to bring the Plaintiff’s emotional distress to money (Article 751(1) of the Civil Act), and the Defendant is obliged to bring the Plaintiff’s emotional distress to money (Article 751(1) of the Civil Act), such as the period of marriage and family relationship between the Plaintiff and C, and the period and degree of unlawful act between the Defendant and C, shall be determined as KRW 20 million.

Therefore, the Defendant, as the date of the delivery of a copy of the complaint of this case sought by the Plaintiff as of May 31, 2018, which was the day following the date of the termination of the tort, is obligated to pay damages for delay calculated by the ratio of 5% per annum under the Civil Act from May 31, 2018 to October 16, 2018, which is the date of the adjudication of this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and it is decided as per Disposition by applying the main text of Article 101 and Article 213 of the Civil Procedure Act to the burden of litigation costs and the declaration of provisional execution.

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