손해배상(기)
1. The Defendant’s KRW 15,00,000 as well as 5% per annum from August 20, 2016 to February 16, 2017 to the Plaintiff.
1. Facts of recognition;
A. After completing the report of marriage with C on May 30, 2013, the Plaintiff maintained the marriage relationship until the date of closing the argument in the instant case.
B. The Defendant continued to maintain an unlawful relationship, such as the Plaintiff and C’s e-mail, which contains e-mail expressions with C even after the marriage between the Plaintiff and C, and even after the marriage.
C. D, the Defendant’s spouse, filed a lawsuit against the Defendant and C on the ground of an unlawful act between C and the Defendant, which sought divorce, division of property and the payment of consolation money against the Defendant under the Busan Family Court Decision 2015ddan20807, and the payment of consolation money against C.
Accordingly, in the above case on April 20, 2016, the Busan District Court rendered a decision to recommend reconciliation between D and D, and the defendant shall be divorced, and the defendant shall be paid KRW 20,000,000 to D until June 30, 2016, and C shall be paid KRW 15,00,000 among them jointly and severally with the defendant, and if delayed payment, C shall pay the amount calculated at the rate of 15% per annum from the day following the day of delay until the day of the full payment. Around that time, the above decision to recommend reconciliation was served on the defendant, D and C, respectively.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, Gap evidence 2-1-6, Eul evidence 1-2, and the purport of whole pleadings
2. According to the above facts of recognition, since the defendant suffered mental pain to the plaintiff, who is the spouse of C by committing unlawful acts with C, it is obligated to do so in money. Considering all the circumstances revealed in the argument of this case, including the marriage period of the plaintiff and C, the background and period during which the plaintiff and the defendant committed an unlawful act, and the contents and degree of such unlawful act, it is reasonable to determine the amount of consolation money as 15,00,000 won.
Therefore, the defendant is liable to pay consolation money of KRW 15,00,000 to the plaintiff and the defendant from August 20, 2016, which is the day following the delivery of a copy of complaint as requested by the plaintiff after the date of tort.