beta
(영문) 울산지방법원 2020.08.21 2019가단121482

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from July 25, 2019 to October 17, 2019, respectively.

Reasons

1. Facts of recognition;

A. The plaintiff completed the marriage report with C on June 14, 1999 and has two children among them.

B. Around July 25, 2019, the Defendant, knowing that C is a spouse, had sexual intercourse with C, and received a Kakao Stockholm message containing such content.

C. On June 2, 2020, the Defendant’s husband filed a lawsuit claiming damages against C by the Ulsan Family Court No. 2019ddan25868, and the above court rendered a judgment on June 2, 2020 that “C shall pay consolation money of KRW 15 million and delay damages to D.”

At the same time, D filed a claim suit against the defendant, such as divorce, with the Ulsan Family Court 2019ddan25677, but withdrawn it on November 7, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9, 11 evidence, purport of the whole pleadings

2. According to the above facts finding as to the plaintiff's claim, the defendant committed an unlawful act with C even though he is aware that he is a spouse of C, thereby infringing upon the plaintiff's and C's common life and obstructing his maintenance. Since the defendant's unlawful act is obvious in light of the rule of experience that the plaintiff suffered mental pain, the defendant is obliged to go against it in money.

Furthermore, in full view of all the circumstances revealed in the pleadings of the instant case, such as health team, the period of marriage and family relationship between the Plaintiff and C, the content and degree of the Defendant’s fraudulent act, and the degree of the Defendant’s fraudulent act affecting the marriage between the Plaintiff and C, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as 15 million won.

Therefore, the defendant is 15 million won as consolation money and 12% per annum under the Civil Act from July 25, 2019, the date of illegal act, to October 17, 2019, the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.