[Defendant-Appellee] Plaintiff 1 et al.

Law Firm Samok, Counsel for the plaintiff-appellant

Attorney Kim Ba-young

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 50% is borne by the Plaintiff, and the remainder 50% is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

A. The plaintiff and the non-party A have been married at the end of the six-year year year year, and 2 South Korea under the sleep after the marriage report was completed on October 5, 1993.

B. A, along with women living in the same apartment house as at the end of March 2006, went to the age club, and became flick with the defendant playing there through so-called so-called stalking. The defendant was aware that he was the spouse, and he was flicked with A from that time until October 2006.

D. The Plaintiff became aware of the fact that the husband of a female who was playing in a nart club with A was living together with A, and that A was living in another male, and as a result, A became aware that he was the Defendant.

E. After that, the Plaintiff filed a divorce lawsuit against A on the ground that A had committed an unlawful act with the Defendant, and the conciliation was concluded on May 15, 2007 between the Plaintiff and A on the grounds that A filed a divorce lawsuit with the Busan District Court.

[Ground of recognition] Evidence Nos. 1, 2, 4, 6, 7-2, 5, and the purport of the whole pleadings

According to the above facts of recognition, the defendant continued to call for several months with knowledge of the spouse A, exchange text messages, and maintain an inappropriate relationship with A due to meta, etc., and such defendant's behavior also became an important cause for failure in the marriage between the plaintiff and A. Since it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering, the defendant is liable to pay consolation money for mental suffering suffered by the plaintiff due to the above tort.

Furthermore, considering the amount of consolation money to be paid by the defendant, the process and contents of maintaining improper relations between the defendant and A, and all other circumstances revealed in the proceedings of the pleading in this case, it is reasonable to determine the amount as five million won.

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 5 million won consolation money and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from January 27, 2007 to September 2, 2008, which is the date following the delivery day of a copy of a complaint to the plaintiff, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of the payment. Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit.