손해배상(기)
The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from July 11, 2020 to March 11, 2021, and the next day.
1. Comprehensively taking account of the overall purport of arguments in each statement of evidence Nos. 1 through 4 (including the number of branches), the Plaintiff and C are legally married couple who completed the marriage report on December 18, 191, and have two children, and the Defendant, knowing that C is a spouse, knowing that he/she was a spouse, committed an unlawful act while teaching with C between October 201 and April 2020.
According to the above facts of recognition, the defendant suffered mental pain on the plaintiff by infringing on the common life of the married couple falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the plaintiff's spouse's right as the spouse of the married couple.
Therefore, the plaintiff is obligated to pay consolation money to the plaintiff.
In regard to this, the defendant asserts that the marriage relationship between the plaintiff and the plaintiff's husband is extinguished due to the transfer of C, etc., and the defendant's improper act does not lead to the failure of the marital relationship between the plaintiff and the plaintiff's husband. However, the statement of the evidence No. 1 alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the above
2. In full view of all the circumstances revealed in the pleadings of the instant case, including the scope of liability for damages and the marriage period of the Plaintiff C, family relation, the attitude and period of the Defendant and C’s improper act, circumstances after the fraudulent act was discovered, and the impact of the Defendant’s improper act on the Plaintiff’s marital relationship, etc., the consolation money to be paid to the Plaintiff shall be set at KRW 20
Therefore, it is reasonable for the Defendant to dispute the existence or scope of the obligation of the Defendant from July 11, 2020, after the day after the day when the copy of the complaint of this case was sent to the Plaintiff.
5% per annum under the Civil Act until March 11, 2021, which is the date of this decision, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.