손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed a marriage report with C on May 2, 2011, and has two children between C and C.
B. Around June 2016, the Defendant first known C at the drinking place with the company’s bonus, and continued to teach C with the sexual intercourse from October 2016 to December 2016, with the knowledge of C’s spouse being a spouse.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts finding that the Defendant was liable for damages, the Defendant committed an unlawful act while knowing the fact that C is in a marital relationship with the Plaintiff, thereby infringing on or hindering the Plaintiff’s community life of the married couple, thereby infringing on the Plaintiff’s spouse’s right and causing mental suffering to the Plaintiff. Therefore, the Defendant is liable for compensating for the damages
B. As to the amount of consolation money that the Defendant is liable to pay to the Plaintiff, it is reasonable to set the amount of consolation money at KRW 30 million in full view of all the circumstances shown in the pleadings of this case, including the Plaintiff’s age and present situation, the period of misconduct between the Defendant and C, the background of the misconduct, the degree that the above misconduct affected the failure of the marriage between the Plaintiff and C, and the Plaintiff’s continued to meet C even though they promised not to meet C again after being aware of the relationship with C, and the Plaintiff continued to continue to maintain the relationship with C. Therefore, the Defendant is obliged to pay to the Plaintiff the amount of consolation money at KRW 30 million and damages for delay calculated at the rate of KRW 15 percent per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 19, 2017 to the day of full payment, as sought by the Plaintiff.
3. In conclusion, the plaintiff's claim of this case should be quoted for the reasons.