손해배상(기)
The defendant shall pay 30 million won to the plaintiff and shall be 5% per annum from December 21, 2018 to April 29, 2020 and from the next day.
1. According to the purport of the argument as a whole, according to the facts of recognition as to Gap evidence Nos. 1 through 21 (including paper numbers), Eul evidence Nos. 1 and 2, and the testimony of the witness Eul, the plaintiff and two middle and high school students are legally married couple who completed the marriage report on September 28, 2001 and completed the marriage report on September 28, 2001, and the defendant, knowing that he/she was a spouse of the same hospital who is a doctor of the same hospital while serving as a hospital doctor, committed an unlawful act, such as joining with C, entering into a sexual relationship with C and making overseas travel together.
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 various circumstances revealed in the pleadings of the instant case, 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 set the consolation money to KRW 30 million for the Plaintiff.
C. From December 21, 2018, the day following the delivery day of a copy of complaint sought by the Plaintiff with respect to consolation money, the Defendant is obligated to pay damages for delay calculated at 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 April 29, 2020, which is a date of this decision, which is a date of this decision.
3. The plaintiff's claim for conclusion is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.