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(영문) 서울동부지방법원 2021.02.03 2020나29387 (1)
손해배상(기)
Text

Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

Reasons

1. The reasoning for this part of the reasoning is as follows: (a) the court’s reasoning is that the corresponding part of the judgment of the first instance is identical to the corresponding part of the judgment, except for the deletion of “hertour” in the second and sixth parallel of the judgment of the first instance. As such, this part of the judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. According to the above facts, as the defendant committed an unlawful act with C, and thereby infringing upon the plaintiff's and C's right to maintain and maintain a de facto marital marital life, the defendant is liable to compensate the plaintiff for mental damage resulting therefrom in monetary injury.

B. In light of the various circumstances revealed in the arguments, such as the Plaintiff and C’s de facto marriage period, the content and degree of fraudulent act, the influence of fraudulent act on a de facto marital relationship, and the Defendant’s attitude after the discovery of fraudulent act, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 8,00,000.

(c)

Therefore, as a result, the defendant's defense as to the existence or scope of the obligation of the defendant from October 13, 2019, after the delivery of a copy of the complaint of this case as sought by the plaintiff as a result of the illegal act of the plaintiff 8,00,000 won for compensation for damages caused by the illegal act, is reasonable.

Until February 3, 2021, which is the day of this decision, the Civil Act is obligated to pay delayed damages calculated at the rate of 5% per annum under the Civil Act 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. As such, the plaintiff's claim shall be accepted within the extent of the above recognition, and the remaining claims shall be dismissed as there is no reasonable ground.

The part against the defendant ordering payment in excess of the above recognized amount among the judgment of the court of first instance, which made a partial different conclusion, is unfair, and thus, it is revoked, and the plaintiff's claim corresponding to the revoked portion is dismissed.

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