손해배상(기)
1. The Defendant’s KRW 20 million and the Plaintiff’s annual rate from August 1, 2015 to January 13, 2016, and the following.
1. The following facts are recognized when the facts of recognition are added to the statements in Gap evidence 1 to 6, the testimony of the witness C, and the purport of the whole pleadings:
A. On September 25, 1989, the Plaintiff and C had three children under the chain of law as a husband and wife who completed the marriage report.
B. Around April 2014, the Defendant committed an unlawful act, such as continuing to meet with C while having sexual intercourse with C after the first delivery of C.
C. On February 11, 2015, the Plaintiff and C reported divorce.
2. According to the above facts of determination, it can be recognized that the marital relationship between the plaintiff and C has been broken down due to the illegal act committed by the defendant and C. Accordingly, it is obvious in light of the empirical rule that the plaintiff suffered mental suffering, and therefore, the defendant is obliged to pay consolation money to the plaintiff
In full view of all the circumstances revealed in the pleadings of the instant case, including the period of marriage and failure of the Plaintiff and C, details and degree of fraudulent act, the amount of consolation money to be paid by the Defendant shall be KRW 20,000,000.
In regard to this, the defendant had different knowledge about the marriage of the defendant at the time when the defendant first met with C, and because the marriage between the plaintiff and C had already been broken down before the defendant and C's wrongful act, the claim of this case, which held the defendant liable for the failure of the marriage, is alleged to be groundless. Thus, the statement on the evidence No. 1, which alone led to the difference between C and C, to the effect that the defendant had caused the failure of the marriage.
The defendant's assertion is insufficient to recognize that the marital relationship between the plaintiff and C has already been extinguished before the act of the plaintiff is committed, or (the defendant's assertion that it is based on the defendant's assertion is not sufficient to recognize that the marital relationship between the plaintiff and C has already been extinguished, since C continues to be a woman with the knowledge of her gender, it does not affect the establishment of unlawful act
Therefore, as the Plaintiff seeks, the Defendant 20,000 won and its corresponding amount from August 1, 2015, following the delivery of a copy of the instant complaint, to the Plaintiff.