2015 Ghana 30730 Damage (as such)

Park AA

KimB KimBB

December 11, 2015

March 11, 2016

1. The defendant shall pay to the plaintiff 10 million won with 5% interest per annum from April 18, 2015 to March 11, 2016, and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 80% is borne by the Plaintiff, and the remainder is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant delivered to the plaintiff KRW 50 million and a copy of the complaint of this case to the plaintiff

It shall pay 20% interest per annum from the date of full payment.

1. Basic facts

A. On November 30, 1986 and June 14, 1988, the Plaintiff and Nonparty KimCC are legally married couple who completed the marriage report, and have a son KimD (2000sssss) under the slur. The KimCC, as follows, was married with another woman even before her delivery with the Defendant, and thereby, the Plaintiff and Nonparty KimCC were living separately for several years.

B. The plaintiff and the defendant continued to work in the beauty art room operated by the plaintiff around 1995 after the first met around 1989.

C. Around September 15, 2010, the KimCC and the Defendant were accommodated in the cross-dissurbed conference located in Jung-gu Seoul, Jung-gu, Seoul. At the time, the Plaintiff was found to have been aware of the Plaintiff. At the time, the Plaintiff’s complaint against the Defendant and KimCC was revoked, and the complaint was sent to KimCC from June 2010 to September 15, 2010, and thereafter no access or call was made to KimCC, and thereafter, the Plaintiff was asked to pay consolation money claimed by the Plaintiff in violation of this provision.

D. However, even after that, the KimCC and the Defendant continued to exist, the Defendant divorced with the Nonparty Kim E, who was his spouse at around 201, and on January 22, 2015, sent the following mobile phone text messages to KimCC.

- Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Mai-Ma

16. The instant lawsuit filed the instant lawsuit, and has maintained a matrimonial relationship with KimCC up to now.

[Grounds for Recognition: Facts without dispute, entry of Gap 1-9 evidence, purport of the whole pleadings]

2. Determination;

According to the above facts, it is reasonable to view that the defendant committed an unlawful act, such as having been aware that he had a spouse to KimCC for a long time as he was in an internal relationship with KimCC.

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse by causing a third party to commit an unlawful act with either spouse constitutes a tort (Supreme Court Decision 2014Da111, Nov. 2014).

20. See Supreme Court en banc Decision 201Meu297, supra). Since it is clear in light of the empirical rule that the Plaintiff suffered severe mental suffering due to the Defendant’s tort, the Defendant is obliged to compensate the Plaintiff for mental suffering.

Furthermore, as to the amount of consolation money to be paid by the Defendant, in full view of the health team, the age of the Plaintiff and KimCC, the marriage period and the process of marital life, the existence of children, the Defendant’s age, the degree and period of the Defendant’s misconduct, the attitude of the parties after the instant lawsuit, and all other circumstances shown in the pleadings, it is reasonable to determine consolation money to be paid by the Defendant to the Plaintiff as KRW 10 million.

Therefore, the defendant is obligated to pay to the plaintiff 10 million won and 15% interest per annum under the Civil Act from April 18, 2015 following the delivery of a copy of the complaint of this case as requested by the plaintiff after the date of tort until March 11, 2016, which is the date of the decision of this case, to the date of the decision of this court, to the date of full payment, 5% per annum under the Civil Act, and 15% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion

Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

Judges Kim Gin-young