손해배상(기)
The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from October 23, 2020 to March 25, 2021.
1. Comprehensively taking account of the overall purport of the 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 January 19, 2012, and the Defendant, knowing that C is a spouse, may recognize the fact of having committed a fraudulent act continuously with C from December 2017 to the time of the instant lawsuit, even though he/she is aware that C is a spouse.
According to the above facts of recognition, the defendant suffered mental pain on the plaintiff by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the plaintiff's spouse's right to communal living as the plaintiff's spouse.
Therefore, the defendant has a duty to pay the mental damage suffered by the plaintiff in money.
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, the amount of consolation money to be paid to the Plaintiff shall be KRW 20 million.
Therefore, it is reasonable for the Defendant to dispute the purport of the claim of this case sought by the Plaintiff as a result of the tort against the Plaintiff and the claim amounting to KRW 20,000,000, and whether or not the Defendant’s obligation exists or its scope from October 23, 2020, which was the day after October 23, 2020, after the copy of the application form
5% per annum as stipulated in the Civil Act by March 25, 2021, which is the date of this decision, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, are obligated to pay delayed damages.
3. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.