beta
(영문) 의정부지방법원고양지원 2019.11.15 2019가단87258

위자료

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from July 31, 2019 to November 15, 2019, and the following.

Reasons

1. Facts of recognition;

A. On November 15, 2013, the Plaintiff reported the marriage with D on November 15, 2013, and is between D and D, and one married couple between D and D.

B. From January 5, 2015 to January 5, 2019, the Defendant met with D several times, and sent a gap between D and D.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, who suffered liability for damages, committed unlawful acts with D and D, the Plaintiff’s spouse, thereby infringing on the Plaintiff’s communal living or interfering with their maintenance, and infringing on the Plaintiff’s right as the Plaintiff’s 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 KRW 15,00,000, taking into account all the circumstances revealed by the evidence revealed prior to the scope of liability for damages, namely, the marriage period of the Plaintiff and D, marriage life, family relationship, details and degree of fraudulent act, and circumstances after fraudulent act, etc.

3. Ultimately, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 15,00,00 and damages for delay calculated at the rate of 12% per annum under the Civil Act from July 31, 2019 to November 15, 2019, the date when the instant complaint was served on the Defendant as requested by the Plaintiff after the date of tort, to the day after the date when the instant complaint was served to the Defendant, to November 15, 2019, a considerable dispute over the existence and scope of the Defendant’s performance obligation.

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.