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(영문) 부산가정법원 2018.10.10.선고 2018드단204608 판결

손해배상(기)

Cases

2018drid 204608 Compensation for damages, etc.

Plaintiff

A

Defendant

1. B

2. Sick:

Conclusion of Pleadings

September 5, 2018

Imposition of Judgment

October 10, 2018

Text

1. Defendant Byung paid to the Plaintiff the amount of KRW 10 million and the amount of KRW 5% per annum from May 17, 2018 to October 10, 2018, and 15% per annum from the next day to the date of complete payment. 2. The Plaintiff’s claim against Defendant Eul and the remainder claim against Defendant Byung are dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant is borne by the Plaintiff, and the part arising between the Plaintiff and the Defendant Byung is individually borne.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendants pay to the plaintiff 30 million won with 15% interest per annum from the next day of the delivery of the complaint of this case to the day of full payment.

Reasons

1. Facts of recognition;

A. On August 22, 2007, the Plaintiff reported a marriage with Kim 00 on August 22, 2007, and two children were employed. (b) The Defendant Kim 00, together with the Defendant, went to the house of Kim 00 after drinking alcohol on February 27, 2018. On February 28, 2018, the Plaintiff considered the appearance of Defendant Kim 00 together in a small room that was used by Kim 00 while preparing work at work around February 28, 2018. The Plaintiff: (a) was in the form of Kim 00 and Defendant Byung’s disease; (b) was in the form of the Defendant Byung’s hand, and reported the Defendant Byung to the police. On May 20, 2018, the Plaintiff agreed to receive KRW 2 million from the Defendant Byung with respect to the part of residential intrusion.

C. Around November 2012, Defendant B and Kim 00 entered the Republic of Korea from around 2013 to around 2013. Defendant B and Kim 00 were sent to the Republic of Korea by telephone and text. Defendant B and Kim 00 were sent to Seoul to the Republic of Korea, and 1-2-day, 2-day, 3-day, 3-day, 4-day, and 5-day, and Defendant B met with Busan and 1-year, respectively. The Plaintiff became aware of the fact that the mobile phone used by Kim 00 was reported to Kim 00 and Defendant B met with Defendant B.

D. On March 22, 2018, the Plaintiff brought a divorce lawsuit against the Defendants, in addition to the instant lawsuit against the Defendants, separately filed a divorce lawsuit (this court 2018dern203681).

[Ground of recognition] Evidence Nos. 1 through 9, and the whole purport of the pleading

2. Determination as to the claim against Defendant Kim Young-young

A. The parties' assertion

The plaintiff asserts that since the defendant Eul committed an illegal act with Kim 00 from around 2011 to the plaintiff and Kim 00, the defendant Eul has a duty to pay consolation money of KRW 30 million to the plaintiff. Accordingly, the defendant Eul, Kim 00, deceiving him to the plaintiff, and the Kim 00 et al. knew about the fact that he was a woman, so the defendant Eul did not have a duty to pay consolation money to the plaintiff even if he was fully aware of the fact that he was the woman.

B. Determination

As seen earlier, while the defendant Eul maintained the marital relationship between the plaintiff Eul and Kim 00, he was recognized as having disturbed Kim 00 as his father: Provided, That we look at whether the defendant Eul knowingly conspireds with the defendant Eul Kim 00 with his spouse.

원고는 김00가 2017. 3. 7. 00:18경 피고 을에게 "나 아빠 출근 전에 아빠 봐야 된다. 술 마실 힘도 없어... 걍 00동에 있어"라는 문자를 보냈는데, 김00의 아버지는 이미 사망하였고, 위 "아빠"는 원고를 지칭하는 것이기 때문에 피고 을은 김00가 유부녀임을 알고 있었다고 주장하며, 갑 제8호증의 1, 갑 제10호증의 각 기재에 의하면, 김00가 피고 을에게 위와 같은 문자를 보낸 사실과 김00의 아버지는 2006. 6. 8. 사망한 사실이 인정된다. 그러나 김00의 친부가 이미 사망하였고, 김00가 평상시 원고를 '아빠'라고 호칭하였다고 하더라도, 피고 을이 이러한 사정을 알고 있었다는 자료가 없는 이상, 피고 을이 위 '아빠'가 실제로는 남편인 원고를 뜻한다는 사실을 알면서도 김00와 교제하였다고 인정하기 어렵다.

Rather, according to the purport of No. 6-1, No. 8-3, No. 9, and No. 11, and No. 11, Kim 0 returned to the defendant Kim Jong-il on two or three occasions a month, using these hours, the defendant Eul did not talk about her husband and her children at the time of telephone conversations (see No. 9), and Kim 00 sent her laundry photo to the defendant Eul, and it is recognized that the defendant Kim Jong-chul's 1 did not know about his laundry before 0, and that he did not know about his her laundry before 0, and that he did not know about his laver Kim Jong-chul's 1, 00, and that he did not know about his laver's 1, 200, and that he did not know about his laver's 1, 200, and that he did not know about his laver's 1,000.

C. Sub-committee

The plaintiff's assertion of consolation money on the premise that the defendant Eul knew that he had a spouse to Kim 00 and caused mental damage to the plaintiff by committing an unlawful act is without merit.

3. Determination as to the claim against the defendant Byung

A. Occurrence of liability to pay consolation money

Defendant C, along with Kim00, committed an unlawful act, such as the Plaintiff and Kim 00’s joint residence. In light of the circumstances where the Plaintiff appeared to witness and did a divorce suit against Kim 00, Defendant C’s concurrent act, which led to the failure of the marriage between the Plaintiff and Kim 00. Therefore, Defendant C has a duty to care for mental suffering suffered by the Plaintiff due to his and Kim 00’s unlawful act.

B. Amount of consolation money

The amount of consolation money to be paid by Defendant C to the Plaintiff was not sufficient to use each side from several years before the Plaintiff and Kim 00. The fact that Kim 00 committed an unlawful act with Defendant B was the main cause of the marriage dissolution, the degree and manner of the unlawful act, the period of the act, the attitude of Defendant C after the act was revealed, the marriage period between the Plaintiff and Kim 00, and the family relationship, etc., shall be determined as KRW 10 million in consideration of the various circumstances shown in the arguments of this case, such as the following:

C. Sub-committee

Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act from May 17, 2018, which is the day following the delivery date of the complaint of this case, to October 10, 2018, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day of the judgment of this case where it is deemed reasonable to dispute about the existence and scope of the obligation to pay damages to the Plaintiff.

4. Conclusion

The plaintiff's claim against the defendant Byung is accepted within the extent of the above recognition, and the claim against the defendant Eul and the remaining claim against the defendant Byung are dismissed as there is no ground.

Judges

Judges Yoon Jae-nam