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(영문) 광주지방법원 2019.09.18 2019가단507716
손해배상(기)
Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate from April 9, 2019 to September 18, 2019.

Reasons

1. There is no dispute between the parties to the claim for damages, or comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1, 2, and 11, the Plaintiff is a married couple who reported the marriage with C on June 22, 199 and two children under the chain that the Plaintiff was a married couple, and the Defendant may recognize the fact that the Plaintiff committed an unlawful act, such as C and D, even though he was aware of the marital relationship between October 2017 and the end of February 2019.

According to the above facts of recognition, the defendant committed an unlawful act with knowledge of the fact that the plaintiff was married to C, thereby infringing on or hindering the plaintiff's communal living and infringing on the plaintiff's spouse's right as his spouse, thereby suffering mental pain, and thus, the defendant is liable to compensate for mental damage suffered by the plaintiff.

As to this, the defendant did not have committed an unlawful act with C, and since the marriage relationship between the plaintiff and C has deteriorated since November 2010 due to the plaintiff's failure to faithfully meet the plaintiff's family life, the liability of the dissolved of marriage is disputed with the plaintiff. However, since the statement of evidence Nos. 1 through 3 alone is insufficient to recognize it, the defendant's assertion is rejected.

2. The amount of consolation money shall be set at KRW 7,00,000 when considering the marriage period and family relationship between the Plaintiff and C, the contents and duration of the wrongful dismissal by C and the Defendant, which are recognized by comprehensively considering the above evidence and the purport of the entire arguments.

Therefore, the defendant's damages for delay calculated at the rate of 5% per annum under the Civil Act from April 9, 2019, which is the date of delivery of the complaint of this case filed by the plaintiff, to September 18, 2019, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, which is the date of delivery of the complaint of this case filed by the plaintiff.

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