[이혼등][공1987.12.15.(814),1795]
Method of Calculating the amount of consolation money to the responsible spouse;
Since the calculation of the amount of mental suffering inflicted on the other party due to a tort, such as divorce, is different from property damage, and it does not necessarily mean that the amount can be proved by evidence, the court may determine ex officio the amount of consolation money for the responsible spouse, considering various circumstances. Thus, in calculating the amount of consolation money for the responsible spouse, the court shall not decide ex officio the amount by taking into account all the circumstances that arise in pleadings, such as the circumstance and degree leading up to the responsible act, the cause and responsibility of the failure of marriage, the spouse’s age
Articles 843 and 806 of the Civil Act
Supreme Court Decision 80Meu100 Delivered on October 13, 1981, Supreme Court Decision 87Meu5 and 6 Delivered on May 26, 1987
Claimant
[Defendant-Appellant] Plaintiff 1 and 2 others
Seoul High Court Decision 87Reu89 (this Court Decision), 87Reu90 (In the first instance) decided June 8, 1987
The appeal is dismissed.
The costs of appeal shall be borne by the respondent.
The grounds of appeal are examined.
1. In a case where the other party suffered mental pain due to a tort such as divorce, that is, the amount of consolation money, which is, the calculation of the amount of consolation money, is different from the property damage, and it is not necessarily possible to prove it by evidence, so the court, ex officio, determines the amount, and does not require any separate evidence.
Therefore, in calculating the amount of consolation money for a responsible spouse, the court may not make ex officio a decision by taking into account all the circumstances revealed in the pleadings, such as the circumstance and degree of the responsible act, the cause and responsibility of the failure of marriage, the spouse’s age and financial status, etc. (see Supreme Court Decisions 80Meu100, Oct. 13, 1981; 87Meu5, May 26, 1987, respectively).
2. In light of all the circumstances revealed in the pleadings, such as the age of the claimant and the respondent, the occupation of the claimant, the family status, the status of the property, the circumstance of the marriage between the claimant and the respondent, the cause of the failure of the marriage, and the period during which the marriage is sustained, the decision of the court below to determine the amount of consolation money of this case as 7,00,000 won is acceptable, and there are no errors in the misapprehension of legal principles as to the criteria for calculating consolation money, which are therefore groundless
3. Accordingly, the appeal shall be dismissed, and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices Park Jong-dong (Presiding Justice)