손해배상(기)
Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below shall be revoked, and the cancellation shall be revoked.
1. Basic facts
A. On February 22, 2011, the Plaintiff has a legal couple who completed the marriage report, one of his/her married couple, who is a married couple.
B. The Defendant, while operating a drinking house, was aware that C is a spouse of a customer, and was in a intercourse with C from January 2016 to August 2017, and was in a sexual intercourse with C on April 2016 and received abortion operations on August 2, 2016.
(c)
Meanwhile, on August 24, 2017, the Defendant filed a lawsuit for consolation money against C immediately after he/she was hedging with C, and on December 17, 2019, the court affirmed the intention of divorce with the Plaintiff on or around January 17, 2017, but concealed it, and ordered C to pay consolation money of KRW 10 million and delayed damages to the Defendant until August 2017 (Seoul District Court Decision 2017DaDa219246). The above judgment became final and conclusive as of January 3, 2020.
[Ground for Recognition] Unsatisfy, Gap evidence No. 1, Eul evidence No. 8
2. The assertion and judgment
A. The Plaintiff 1) The Defendant committed a fraudulent act with C from January 2016 to August 2017.
Even if it is not so, the Defendant may not be exempted from liability for infringement of the Plaintiff’s right to communal living by committing an unlawful act with C from January 2016 to June 8, 2016, for which the Plaintiff and C applied for divorce by agreement.
② On August 8, 2017, the Defendant sent a message to the Plaintiff’s pro-Japanese who is not aware of the relationship with the Defendant C after he was hedging with C.
In addition, the relationship between the Defendant and C was wide, and the Defendant’s Kakao Stockholm on the Defendant’s Kakao Stockholm screen, the Plaintiff continued the act of failure of the Plaintiff’s community life by raising photographs from the bed of C and her mother, and informing the occupants of commercial buildings where the Defendant’s drinking house is located of the relationship between the Defendant and C and the fact that the lawsuit is pending.
③ As above, the Defendant severely damaged the Plaintiff’s reputation by brushing the Plaintiff’s friendship or the occupants of commercial buildings.
④ The Defendant’s consolation money amounting to KRW 50 million on the ground of the aforementioned tort.