Text
1. The Defendant is jointly and severally and severally with C (D) to KRW 15,00,000,000 and the Plaintiff with respect thereto from August 12, 2016 to November 30, 2016.
Reasons
1. On November 18, 2013, the Plaintiff’s claim indication 0 is a legally married couple who has completed the marriage report on C (D) and the marriage report on November 18, 2013. The Defendant filed a claim for damages arising from tort on September 19, 2016 on the ground that the Plaintiff’s family was extinguished by neglecting the Plaintiff’s act over a long period of time, thereby causing mental pain to the Plaintiff. The Plaintiff, on September 19, 2016, did not dispute the fact that the Defendant committed an unlawful act in a broad sense with C (see the written claim) (see, e.g., the Defendant is liable to compensate the Plaintiff for mental damage caused to the Plaintiff by an unlawful act.
2. The amount of consolation money: The amount of consolation money shall be calculated in consideration of the following various circumstances - the age and marriage period, occupation, family relation (including one with no child) of the Plaintiff and C, marital relationship (including one with two person’s life style and living pattern) during the marriage period, and the two persons eventually lead to a divorce by agreement. The following factors shall be considered:
3. The grounds for joint and several liability: The court shall not render a judgment on the matters not requested by the parties, and shall not render a judgment on the court based on the facts that the parties did not assert. However, the court may render a judgment on the legitimate interpretation of law as to the substantive legal relationship alleged as the grounds for a claim, unless the objective substance of the claim appears to be identical (see Supreme Court Decision 94Meu826, 833, Nov. 25, 1994). A third party, by engaging in an act in violation of his/her duty as the husband and wife against the spouse (hereinafter referred to as “foreign party”), and on the ground that a third party seeks damages against the third party by taking part in an act in violation of his/her duty as the husband and wife against the third party, i.e., the other party, due to unlawful act committed by the third party