2019dward205295 Compensation (as referred to in this paragraph)

A

Section B.

June 21, 2019

August 9, 2019

1. The defendant shall pay to the plaintiff 10,00,000 won with 12% interest per annum from May 9, 2019 to the date of full payment.

2. The costs of lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The decision is as follows: (a) the Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum at the complaint; (b) the statutory interest rate provisions of the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were amended from 15% per annum to 12% per annum before the date of closing argument in the instant case; (c) so, the Plaintiff’s claim for the payment of damages for delay in accordance with the above Act was made as the order of the Plaintiff’s claim

1. Facts of recognition;

A. On August 22, 2012, the Plaintiff and Byung completed a marriage report and had one child among them, but on September 12, 2016, the Plaintiff and Byung confirmed the intention of divorce on September 13, 2016 by ○ court ○○○○○○○○○○○○○○○○○○○○○○○, and completed a divorce report on September 13, 2016.

B. On January 1, 2016, Byung was employed by the Defendant as a lawsuit at a hospital where the Defendant had worked as the head of △△ Hospital. On March 2016, when the Defendant, along with other employees, left the hospital to the △ Hospital, he left the hospital to which the Defendant had been employed.

다 . 원고는 2016 . 6 . 4 . 경 병의 휴대폰에서 피고와 병의 통화내역과 서로 주고받은 문자메시지를 확인하였다 . 피고는 2016 . 6 . 3 . 오후 8 : 57경 병에게 " 보고싶다 . 사랑한 다 . 9시30분 되기 전에 목소리 듣고 싶다 . 이따 잠깐 전화할게 . . . " 라는 내용의 문자메시 지를 보냈고 , 같은 날 오후 9 : 12 및 9 : 36 2회에 걸쳐 병과 전화통화를 하였으며 , 병은 같은 날 9 : 41 피고에게 " 원장님 . . . 안경에 문제가 있는 걸지도 몰라요 " 라는 내용의 , 피고 는 같은 날 10 : 24 병에게 " 마음의 눈이 매우 좋아 ~ ^ ^ . . . ♥ " 라는 내용의 문자메시지를 보냈다 .

D. At the time of the Plaintiff’s confirmation of Byung’s mobile phone, the phone calls of the Defendant and Byung remains only from May 30, 2016 to June 3, 2016, but most of them were generated after 6:00 p.m.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleading

2. Occurrence of liability for damages;

A. In principle, a third party's act of infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on his/her spouse's rights as his/her spouse, thereby causing mental pain to the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014); "Cheating" means a broad concept, including the adultery, which does not reach the liver, but does not reach the livers but does not fulfill the duty of good faith of the married couple, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances depending on specific cases (see, e.g., Supreme Court Decision 8Meu77, May 24, 198; 92Meu268, Nov. 10, 1992).

B. In addition to the overall arguments, the following facts revealed to the purport of the above facts, namely, the Defendant’s phone conversations was mainly made after the retirement hours, and the Plaintiff and Byung appeared to have no different way to make business telephone conversations after the departure of △△ and the head of the center and the head of the center, and the Defendant’s phone calls to the effect that it does not have any special meaning as to the time of sending letters to Byung because not only ordinary people but also other employees have made a verbal speech. However, in light of ordinary common sense, Byung intentionally deleted the telephone details and text messages with the Defendant sent before May 30, 2016. If the Plaintiff and Byung appear to have intentionally deleted the telephone details and text messages from May 30, 2016, the Plaintiff and Byung were to have suffered emotional distress after three months from the date on which the Plaintiff confirmed the above communications details, etc., and the Plaintiff’s spouse’s emotional distress caused the Plaintiff’s emotional distress. Thus, it is reasonable to deem the Plaintiff’s emotional distress.

3. Scope of liability for damages

A. The amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 10 million, taking into account all the circumstances such as the period of marriage and family relation of the Plaintiff and Byung, the degree of misconduct, the impact of the failure in the marriage, and the circumstances after the occurrence of a fraudulent act.

B. Therefore, the Defendant is obligated to pay consolation money of KRW 10 million to the Plaintiff as well as damages for delay calculated at the rate of 12% per annum from May 9, 2019 to the day of full payment, which is the day following the day of sending a copy of the instant complaint, to the day of full payment.

4. Conclusion

If so, the plaintiff's claim is justified.

Judges Jeong-il