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(영문) 춘천지방법원강릉지원 2020.02.18 2019가단36888
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000 and its amount shall be 5% per annum from December 6, 2019 to February 18, 2020 and February 19, 2020 to the Plaintiff.

Reasons

According to the statements or voices of Gap's evidence Nos. 1 through 14 (Partial No. 14 omitted), the defendant can recognize the fact that the defendant continued to commit an unlawful act from January 2019 to multiple times, such as establishing a sexual relation with Eul's spouse C, and it is obvious in light of the rule of experience that the plaintiff suffered mental pain. Thus, the defendant is liable to compensate the plaintiff for mental damage.

(Article 751(1) of the Civil Act. Furthermore, the amount of consolation money shall be determined as KRW 30 million by taking full account of all the circumstances shown in the pleadings, including the following: (a) the period, frequency, and degree of fraudulent act committed by the Defendant; and (b) the Plaintiff and C’s marital relationship seems to have actually reached a failure.

Therefore, the defendant is obligated to pay to the plaintiff 30 million won and damages for delay calculated by the ratio of 5% per annum under the Civil Act from February 18, 2020, which is the date on which the plaintiff delivered a copy of the complaint of this case to December 6, 2019, which is the date on which the defendant delivered a considerable dispute as to the existence or scope of the obligation to perform, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. Thus, the plaintiff's claim is partially accepted within the above recognized limit, and the burden of litigation costs and a declaration of provisional execution shall be determined as per Disposition by applying the proviso of Article 101 and Article 213 of the Civil Procedure Act.

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