beta
(영문) 의정부지방법원고양지원 2020.02.21 2019가단83799

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from August 30, 2019 to February 21, 2020, and the following.

Reasons

1. Facts of recognition;

A. On March 8, 2018, the Plaintiff reported marriage with C on March 8, 2018, and is between C and C, one child between C and C.

B. From April 2019 to June 2019, the Defendant sent the period between C and C by having sexual intercourses with C several times.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, video, purport of whole pleadings

2. Determination as to the cause of action

A. The Defendant, who is liable for damages, committed an unlawful act with C, who is the spouse of the Plaintiff, thereby infringing upon the Plaintiff’s communal living or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse.

Therefore, it is clear in light of the rule of experience that the plaintiff suffered mental suffering.

The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.

B. The amount of consolation money shall be determined as KRW 15,00,000, considering all the circumstances revealed by the evidence revealed prior to the scope of liability for damages, namely, the marriage period and marital life of the Plaintiff and C, family relationship, details and degree of fraudulent act, and circumstances after fraudulent act, etc.

3. In conclusion, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 15,00,000 and damages for delay calculated at each rate of 12% per annum under the Civil Act from August 30, 2019 to February 21, 2020, which is the date of the adjudication of a considerable dispute as to the existence and scope of the Defendant’s performance obligation, as sought by the Plaintiff, from August 30, 2019, which was served by the Plaintiff after the date of tort, to the day of full payment from the next day to the day of full payment.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.