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(영문) 서울남부지방법원 2021.03.18 2020가단269897
손해배상(기)
Text

1. The defendant is 5% per annum from December 4, 2020 to March 18, 2021 to the plaintiff.

Reasons

1. Occurrence of liability for damages;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by deeming a confession (Article 208(3)2 of the Civil Procedure Act)

2. As to the amount of consolation money within the scope of liability for damages, considering all the circumstances shown in the pleadings of the instant case, such as health class, the period of marriage between the Plaintiff and C, the content, period and degree of fraudulent act between the Defendant and C, the influence of the fraudulent act on the Plaintiff’s married life, and the progress after the fraudulent act, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 2

Therefore, the defendant is obligated to pay damages for delay calculated by applying the rate of 5% per annum under the Civil Act from December 4, 2020 to March 18, 2021, which is the date of this decision, which is appropriate to dispute over the existence and scope of the defendant's obligation to perform, to the plaintiff from December 4, 2020, the day following the day of transmitting the copy of the complaint of this case to December 4, 2020, 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. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as there is no ground.

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