손해배상(기)
1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from June 13, 2017 to November 17, 2017; and (b) the Plaintiff.
1. Facts of recognition;
A. On December 14, 1990, the Plaintiff was living as a legally married couple after filing a marriage report with Nonparty C and the Plaintiff.
B. The Defendant, despite being aware of the fact that C had a legal spouse, committed an unlawful act by having sexual intercourses with C and C around January 2016. On March 31, 2017, the Defendant was able to travel with China along with the hotel.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of recognition, since the defendant committed an unlawful act with C and his spouse under the law, thereby suffering from mental suffering, the plaintiff is obligated to suffer from mental suffering suffered by the plaintiff in money.
Furthermore, considering various circumstances revealed in the arguments in this case, such as health class, circumstances of misconduct, details and period of the act, and the Plaintiff’s legal relationship with C as to the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff, it is reasonable to determine the amount as KRW 20 million.
3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 20 million and to pay damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from June 13, 2017 to November 17, 2017, which is the day following the delivery of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
Therefore, the claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.