beta
(영문) 부산지방법원 2020.04.02 2019가단326451

위자료

Text

1. The Defendant’s KRW 25,00,000 as well as 5% per annum from August 23, 2019 to April 2, 2020 to the Plaintiff.

Reasons

1. Indication of claim;

A. The Defendant for compensation for damages caused by an unlawful act was aware of his/her spouse who committed a fraudulent act with C from around 2017, and it is apparent that the Plaintiff suffered mental suffering. Therefore, the Defendant is obliged to pay consolation money to the Plaintiff.

Considering all circumstances such as the marriage period, family relationship, marital life, and the period and contents of the defendant and C's wrongful act, it is reasonable to determine consolation money to be paid to the plaintiff by the defendant as KRW 20 million.

B. On June 2019, the Defendant is obligated to pay consolation money to the Plaintiff, since he/she received additional mental suffering from the Plaintiff by sending text messages citing unjust act to the Plaintiff from around that time when he/she was notified by C around June 2019. The amount is determined as KRW 5 million in light of the number of times the Defendant sent text messages to the Plaintiff and the content thereof.

C. According to the conclusion, the Defendant is obligated to pay to the Plaintiff 25 million won the sum of consolation money and damages for delay calculated at the rate of 5% per annum under the Civil Act from August 23, 2019 to April 2, 2020, which is the day following the day when the copy of the instant complaint was served on the Defendant as requested by the Plaintiff, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day when the copy of the instant complaint is served to the Defendant.

2. Article 208 (3) 3 of the Civil Procedure Act: