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(영문) 제주지방법원 2020.09.18 2019가단68970
손해배상(기)
Text

1. The defendant paid KRW 7,00,000 to the plaintiff and 5% per annum from February 11, 2020 to September 18, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on June 20, 2009.

B. The Defendant, despite being aware of the fact that C is a legally spouse, was in conflict with C from October 201 to July 2012.

The defendant born D between C and C and gave birth on the e-date.

【Ground of recognition】 Facts without dispute

2. According to the above facts of recognition, the defendant committed an unlawful act with C while knowing that C is a spouse, and committed an act of infringing upon and obstructing the maintenance of the marital life of the plaintiff and C, and the plaintiff suffered mental pain due to the above defendant's illegal act is obvious in light of the empirical rule, and therefore, the defendant has a duty to care against money.

Furthermore, in full view of all the circumstances revealed in the arguments in the instant case, such as the health team, the marriage period and family relation of the Plaintiff and C, the content and degree of the unlawful act committed by the Defendant and C, and the extent that the Defendant’s unlawful act affected the marital relation between the Plaintiff and C, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as seven million won.

Therefore, the defendant is obligated to pay to the plaintiff 7 million won as consolation money and the damages for delay calculated at the rate of 5% per annum under the Civil Act from February 11, 2020 to September 18, 2020, which is the day following the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim for conclusion is reasonable within the scope of the above recognition, and is accepted, and the remainder is dismissed.

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