손해배상(기)
1. The defendant shall pay 10 million won to the plaintiff and 5% per annum from April 20, 2019 to April 29, 2020 and from the next day.
1. According to the purport of each of the statements, images, and pleadings as stated in Gap evidence Nos. 1 through 5 and all of the arguments, the court may recognize the fact that the plaintiff committed an unlawful act, such as sending text messages to the plaintiff's own image as a video call, with the plaintiff's husband and wife who completed the marriage report on July 25, 2013, with two children under the slur. The defendant, as a musical performer, knows that he had been engaged in wedding business for more than 20 years and was in the city.
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 for the Plaintiff at KRW 10 million.
C. From April 20, 2019, 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 by the ratio of 5% per annum under the Civil Act from April 29, 2020 to April 12, 200, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, to the day 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.