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(영문) 부산지방법원 2016.11.15 2015가단244476
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 29, 2016 to November 15, 2016.

Reasons

1. According to the purport of Gap's evidence Nos. 1 through 4 and Eul's evidence Nos. 1 (including each number), and the whole purport of pleadings, the plaintiff and C are acknowledged as having a sexual intercourse by entering marriage on October 1, 200 and completing a marriage report on October 14, 200, and the defendant who worked at the main place of residence had a sexual intercourse with the defendant who had been living at the place of work on March 2013, who had been living at the place of work until July 2015.

According to the above evidence and the facts of recognition, the defendant knew that he had a spouse who is the plaintiff's husband, and had a sexual intercourse with C, thereby infringing the plaintiff's common life of the plaintiff and causing mental pain to the plaintiff who is the spouse of C. Thus, the defendant is obliged to compensate the plaintiff for mental damage suffered by the plaintiff.

2. The amount of consolation money shall be determined as KRW 15,00,000, taking into consideration the following circumstances: (a) the extent and duration of the Defendant’s unlawful act and C’s unlawful act; (b) the degree of affecting the marital relationship between the Plaintiff and C; (c) the period of marital life between the Plaintiff and C; and (d) the Plaintiff’s unlawful act, even after having become aware of the Defendant’s unlawful act, has continued to

3. According to the conclusion, the defendant is obligated to pay to the plaintiff 15,00,000 won and damages for delay at each rate of 15% per annum under the Civil Act from January 29, 2016, which is the day following the day when the copy of the complaint of this case was served on the defendant as requested by the plaintiff, until November 15, 2016, which is deemed reasonable for the defendant to dispute over the existence and scope of the obligation.

Therefore, the plaintiff's claim 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.

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