손해배상(기)
1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from August 7, 2019 to October 11, 2019, and the following.
1. Facts of recognition;
A. On January 22, 1985, the Plaintiff completed the report of marriage with C on July 8, 2008, which was divorced on July 8, 2008, and completed the report of marriage with C again on February 13, 2013, and has two children between C and C.
B. From August 2018 to April 2019, the Defendant had a sexual intercourse with C in a hotel with C.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Defendant, who is liable for damages, committed an unlawful act with C, who is the spouse of the Plaintiff, thereby infringing upon the Plaintiff’s communal living or interfering with the maintenance thereof, and infringing on the Plaintiff’s right as the spouse.
Therefore, it is clear in light of the rule of experience that the plaintiff suffered mental suffering.
The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.
B. The amount of consolation money shall be determined as KRW 15,00,000, considering all the circumstances revealed by the evidence revealed prior to the scope of liability for damages, namely, the marriage period and marital life of the Plaintiff and C, family relationship, details and degree of fraudulent act, and circumstances after fraudulent act, etc.
3. Ultimately, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 15,00,000 and damages for delay calculated at each rate of 12% per annum under the Civil Act from August 7, 2019 to October 11, 2019, the date when the instant complaint was served on the Defendant as requested by the Plaintiff after the date of tort, to the date when the Defendant rendered a considerable decision as to the existence and scope of the Defendant’s performance obligation.
Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit.