손해배상(기)
The defendant shall pay 10 million won to the plaintiff and shall be 5% per annum from November 26, 2019 to July 22, 2020 and from the next day.
1. According to the purport of each statement of evidence Nos. 1 through 9 (including paper numbers) and all pleadings, the Plaintiff and the legal married couple who completed the marriage report on March 16, 2009, have two children and one married couple under the slot, and one married couple. The Defendant, knowing that C is a spouse, has committed an unlawful act, such as having a sexual intercourse with C from January 2018 to June 2018 and having C undergo abortion and having C undergo abortion.
2. Determination as to the cause of action
A. According to the above facts, the defendant is obligated to pay consolation money, since it constitutes a tort that causes mental pain to the plaintiff, who is the spouse, by putting the plaintiff's wife and the fraudulent act, and thereby, caused mental pain to the plaintiff.
B. Considering the various circumstances shown in the pleadings, such as the marriage period, family relationship, Defendant’s wrongful act pattern and period, circumstances after the occurrence of fraudulent act, influence of fraudulent act on the Plaintiff’s marital relationship, Defendant’s living condition, etc., it is reasonable to set consolation money against the Plaintiff as KRW 10 million.
C. From November 26, 2019, the day following the delivery day of a complaint filed by the Plaintiff with respect to consolation money, the Defendant is obligated to pay damages for delay calculated by the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, to the day of this decision, which is the date of this decision, to July 22, 2020.
3. The plaintiff's claim for conclusion is justified within the scope of the above recognition, and the remaining part is dismissed as it is without merit. It is so decided as per Disposition.