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(영문) 부산가정법원 2019.12.13.선고 2019드단213135 판결

손해배상(기)

Cases

2019dboard 213135 Compensation (as referred to in this paragraph)

Plaintiff

A

Defendant

Section B.

Conclusion of Pleadings

November 22, 2019

Imposition of Judgment

December 13, 2019

Text

1. The defendant shall pay to the plaintiff 20,00,000 won with 12% interest per annum from May 9, 2019 to the date of full payment.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendant shall pay to the plaintiff 20 million won with 15% interest per annum from the delivery date of a copy of the complaint of this case to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and Byung filed a marriage report on January 18, 2016, and between them, they were married at the rate of law with one minor.

B. The Defendant became aware of the workplace rent from around December 2, 2017, and was paid as annual relations. From June 17, 2018 to June 21, 2018, the Defendant and Byung continued to travel together with Vietnam ○ from June 17, 2018. From February 28, 2019 to March 2, 2019, the Defendant and Byung accompanied the Plaintiff and Byung’s children (on April 2, 2016) accompanied the Defendant’s children (on February 28, 2016).

C. The Plaintiff became aware of the relationship with the Defendant and Byung through around March 2, 2019. On April 10, 2019, the Plaintiff and Byung filed an application for confirmation of the intention of divorce with ○○○○ on April 10, 2019, and obtained confirmation on July 18, 2019.

[Ground of recognition] Each entry or video of Gap evidence Nos. 1 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Occurrence of liability for damages;

A. In principle, a third party’s act of infringing on or interfering with the common life of the married couple falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on the right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014).

B. According to the above facts, the defendant committed an unlawful act with the knowledge of the spouse's existence, thereby causing the failure of the marriage between the plaintiff and Byung, and thereby, is liable to compensate for mental damage suffered by the plaintiff.

3. Scope of liability for damages

A. As to the amount of consolation money, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be set to 20 million won in consideration of the circumstances revealed in the pleadings, such as health team, the period of marriage and family relation of the Plaintiff and Byung, the period, degree and attitudes of the illegal conduct, and the influence of the illegal act on the failure of marriage.

B. Therefore, the Defendant is free to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 9, 2019 to the date of delivery of a copy of the complaint of this case, as the Defendant was liable for damages for delay after the date of tort (the Plaintiff sought payment of damages for delay calculated at the rate of 15% per annum, but the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings are amended on May 21, 2019, and thus, the part of the claim for damages for delay exceeding the interest rate under the same provision is without merit).

4. Conclusion

If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are not reasonable.

Judges

Judges Jeong-il