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(영문) 울산지방법원 2020.07.23 2019가단121703
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 for the Plaintiff and 5% per annum from June 1, 2019 to July 23, 2020.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs 1 through 8, 1, 2, and 2 (including household numbers), the Plaintiff and C are the legally married couple on April 6, 2004, and the Defendant committed unlawful acts, such as going to death with C from around August 2014 to April 6, 2016, and going to death with C from around October 2018 to May 2019; and D, the Defendant’s spouse, filed a lawsuit against C seeking compensation for damages on the ground of the Defendant’s and C’s unlawful act; this court rendered a judgment against D to the effect that the Defendant would pay 18 million won as consolation money to D on December 17, 2019.

B. According to the above facts, the defendant is liable to compensate for mental suffering suffered by the plaintiff, since he committed an unlawful act with knowledge that he/she is a spouse of C, thereby infringing on or impeding the maintenance of marital life between the plaintiff and C.

(A) Although the defendant asserts that the marital relationship between the plaintiff and C was in distress, it is not sufficient to recognize it solely with the statement of Eul evidence 2-1, and there is no other evidence to acknowledge it).

The amount of consolation money shall be determined by KRW 15,00,000, in full view of all the circumstances revealed in the arguments, including a health care unit, the period of the plaintiff's marriage, the background leading up to the failure of the marital relationship, and the period and degree of the defendant's unlawful act.

Therefore, from June 1, 2019, which was 15,000 won and after the date of termination of illegal acts, the Defendant is obligated to pay to the Plaintiff 5% per annum as stipulated by the Civil Act until July 23, 2020, which is the date of this decision, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.

2. The plaintiff's claim for conclusion is reasonable within the scope of the above recognition.

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