2019ddan209174 Consolation Money

A

Section B.

November 19, 2019

December 10, 2019

1. The defendant shall pay to the plaintiff 20 million won with 5% interest per annum from November 21, 2017 to December 10, 2019, and 12% interest per annum from the next day to the date of full payment.

2. The plaintiff's remaining claims are dismissed.

3. One-third of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 50 million won consolation money and 5% interest per annum from November 21, 2017 to the delivery date of the copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

1. Facts of recognition;

A. On June 19, 197, the Plaintiff and Byung had a legal couple who was married on June 19, 199, and the two are minor children.

나 . 피고는 2017 . 4 . 경 초등학교 동창모임에 참석한 병을 만난 후로 병과 수시로 연락 하며 " 사랑해요 ~ ~ ~ ♡ ^ ^ ~ " , " 화 풀고 이쁜 짓 자기 ~ ~ ~ ♡ ^ ^ ~ " 등 애정표현을 담은 문자를 보냈고 , 병의 하소연을 들어주며 성관계를 갖는 등 연인사이로 지냈다 .

C. On July 17, 2017, the Plaintiff observed the head of a sexual relationship between the Defendant and C in the vicinity of the office.

D. At the time of rape, Byung prepared a complaint against the Defendant that had been raped by the Defendant, but did not accept the complaint after committing an unlawful act.

E. On November 21, 2017, the Plaintiff filed a claim for consolation money against the Defendant on the part of the Plaintiff, but the Plaintiff was absent from the Plaintiff’s office (see deemed) and again filed a lawsuit against the Defendant on January 24, 2019.

F. The Defendant attended the date of the instant conciliation, and “I do not have any fact of rape, and I think that I would have divorced due to the infertility of marital relationship,” so there was a fact that I had sexual intercourse twice in the sentiment of the people.

G. On September 9, 2019, the Plaintiff confirmed the intention of divorce by agreement in this Court, and divorced concurrently.

[Ground of recognition] The descriptions and images of evidence A1 to 8, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Occurrence of liability for damages;

1) A third party shall not interfere with a married couple’s communal living falling under the essence of a married person, such as interfering with a married couple’s communal living by intervening in a married couple’s communal living. A third party’s act of infringing on or maintaining a married couple’s communal living falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes a tort in principle (see Supreme Court Decision 201Meu2997, Nov. 20, 201). “Cheating” in this case is a wider concept that includes adultery, but does not reach the adultery, and all unlawful acts that do not follow the marital duty, are included in this case, and whether it is illegal acts or not should be evaluated by taking account of the degree and situation of the specific case (see, e.g., Supreme Court Decision 201Meu297, May 24, 198; 201Meu97, Nov. 29, 2019).

2) According to the above facts, the defendant can be found to have committed an unlawful act, such as having sexual intercourse, even though he is sufficiently aware that he/she has a spouse of Byung, by communicating with Byung at any time, and having sexual intercourse. As such, since the defendant's act was in violation of the plaintiff's marital relationship or interfering with the maintenance thereof, the defendant has a duty to take the mental suffering suffered by the plaintiff in monetary form.

B. Scope of liability for damages

Furthermore, with regard to the amount of consolation money that the defendant is liable, the amount of consolation money that the defendant is liable to compensate for to the plaintiff shall be determined as KRW 20,000,000,000, in full consideration of various circumstances shown in the arguments of this case, such as health team, the defendant and Byung's wrongful conduct, the contents and degree of the commission of conduct, the period, the marriage period and family relationship of the plaintiff and Byung, and the defendant's wrongful conduct,

C. Sub-determination

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from November 21, 2017 to December 10, 2019, which is the date when the Defendant rendered a reasonable judgment as to the scope of the Defendant’s duty of performance, 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.

3. Conclusion

Therefore, the claim of this case is justified within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges already appointed