손해배상(기)
The defendant shall pay 15 million won to the plaintiff and shall be 5% per annum from November 5, 2019 to July 22, 2020 and from the next day.
1. According to each of the statements and arguments stated in subparagraphs 1 through 4 of the facts of recognition, the Plaintiff and the legal couple who completed the marriage report on July 18, 1989, have one child under the slot, and the Defendant committed an unlawful act, such as joining a school from November 2018 to September 2019, knowing that he/she was a spouse of C who became aware of in the meeting.
2. Determination as to the cause of action
A. According to the above facts, the defendant is liable to pay consolation money, since it constitutes a tort which causes mental pain to the plaintiff, who is the spouse, due to the plaintiff's husband's misconduct with the plaintiff's husband.
B. Considering the circumstances revealed in the pleadings, such as the marriage period, family relationship, Defendant’s wrongful act pattern and period, circumstances after the occurrence of fraudulent act, and the influence of fraudulent act on the Plaintiff’s marital relationship, it is reasonable to determine the consolation money for the Plaintiff at KRW 15 million.
C. From November 5, 2019, the day following the delivery day of a complaint filed by the Plaintiff with respect to consolation money, the Defendant is obligated to pay damages for delay calculated by the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, to the day of this decision, which is the date of this decision, to July 22, 2020, which is the date of this decision.
3. The plaintiff's claim for conclusion is justified within the scope of the above recognition, and the remaining part is dismissed as it is without merit. It is so decided as per Disposition.