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(영문) 대전지방법원 2020.09.10 2019가단130729
손해배상(기)
Text

The defendant's KRW 20,000,000 and its interest shall be 5% per annum from November 21, 2019 to September 10, 2020 to the plaintiff.

Reasons

1. Comprehensively taking account of the descriptions in subparagraphs 1 through 6 of Article 1 and the purport of the testimony and oral argument by the witness C, the Plaintiff is a legally married couple who completed the marriage report on October 4, 2005 and has three children between C and C. The Defendant, knowing that C is a spouse, may be aware that he/she was a spouse of C, with the teaching system with C from April 2019, and with the fact that he/she committed an unlawful act. Each of the descriptions in subparagraphs 1 through 3 of Article 1 shall not interfere with the above recognition.

According to the above facts of recognition, the defendant has a duty to pay consolation money to the plaintiff, since the defendant violated a marital life falling under the essence of marriage or obstructed the maintenance thereof, and infringed the plaintiff's spouse's right as the plaintiff's spouse for a marital life.

The defendant asserts that each letter (Evidence A No. 2) drawn up by the defendant on October 6, 2019, which was written by the defendant as of October 6, 2019, constitutes the plaintiff's coercion. However, the evidence alone submitted by the defendant is insufficient to recognize that there was the plaintiff's duress at the time of the preparation of the above letter, and there is no other evidence to prove otherwise, the above argument by the defendant

2. In full view of all the circumstances shown in the pleadings of the instant case, including the scope of damages and the marriage period of the Plaintiff and C, the family relationship, the attitude and period of the Defendant and C’s wrongful act, the circumstances after the fraudulent act was discovered, the Defendant’s improper act was affected by the Plaintiff’s marital relationship, etc., it is reasonable to determine consolation money for the Plaintiff as KRW 2

Therefore, the defendant's 20 million won as consolation money and the following day after the copy of the complaint of this case was served on the plaintiff, which is obviously valid for the defendant to resist as to the existence or scope of the obligation of performance from November 21, 2019 to September 10, 2020, the sentencing date of this case, which is 5% per annum as stipulated in the Civil Act, and the next day.

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