2016dward20648 Damage (as such)

Kim - (Before Opening: Kim *) (Before Opening, Kim * 1987)

Busan Address

Attorney Park Jae-hoon

Deposit 00 (Deposit 1967)

Busan Address

Attorney Park Jae-hoon

February 3, 2017

February 10, 2017

1. The defendant shall pay to the plaintiff 10 million won consolation money with 15% interest per annum from March 1, 2016 to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 30% is borne by the Plaintiff, and the remainder is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 30 million won as consolation money with 15% interest per annum from the day following the delivery of the complaint of this case to the day of complete payment.

1. Facts of recognition;

A. On February 22, 2012, the Plaintiff is Nonparty ** (born in 1981) and the legal couple who has completed a marriage report with Nonparty 1 and one of the two children are children.

B. The Defendant: (a) was Hart employee and Nonparty Kim** was the Defendant’s workplace employee; (b) Nonparty Kim * was placed in the Defendant’s workplace; (c) on November 30, 2015, between the short-term training in the original high-priced employment reserve vehicle; and (d) on December 29, 2015, the Defendant was placed in a Kakaogle or telephone from “Thile shock tele” with the Defendant on December 29, 2015; and (e) was placed several times from November 2015 to December 12, 2015.

C. On February 4, 2016, the Plaintiff received each statement (No. 3, 2016, hereinafter referred to as “each of the instant statements”) from the Defendant on February 4, 2016, to the effect that Nonparty Kim **’s card statement was known of the fact that he/she was her, and that he/she came to know of the fact that he/she was she was her, while pursuing this fact, he/she received from the Defendant on February 4, 2016, and received each of the instant statements from the Defendant during the process of receiving the written statements on the same day, he/she injured the Defendant by assaulting the Defendant, and sent a photo that he/she was frighted from the Defendant’s school homepage that he/she attends with the Defendant’s cell phone, and prevented the Plaintiff from entering school by questioning the Defendant’s correspondence.

D. On October 18, 2016, the Plaintiff was notified of a summary order of KRW 1 million by Busan District Court 2016 High Court *** by reason of the above summary order, and the above summary order was established around that time.

E. In relation to each of the instant statements, the Defendant filed a criminal charge against the Plaintiff as a crime of coercion, but the purport was that “the Plaintiff recognized the Plaintiff as a person on August 30, 2016,” and did not interfere with the preparation, but did not cause any inconvenience to the Plaintiff, so it is difficult to deem the Plaintiff’s act to have reached the degree of intimidation.” As such, “The Plaintiff was subject to a disposition that was unsuspected by Busan District Prosecutors’ Office 2016 punishment 46 * * * *.

F. The Plaintiff and Nonparty Kim * eventually completed a divorce report on December 12, 2016.

[Grounds for Recognition: Facts without dispute, Gap evidence 1 to 6, Gap evidence 8 to 14 (each number);

(B) evidence Nos. 4, B No. 5 (including each number), and the purport of the entire pleading

2. Determination

A. A person who commits an unlawful act with a spouse is liable for a tort where the marital guidance of the other party to the illegal act causes the failure of the other party’s spouse, and is liable for the mental suffering of the other party’s spouse.

According to the above facts of recognition, there is no difficulty in deeming that the defendant and the non-party Kim** was an illegal act as stipulated in Article 840 subparagraph 1 of the Civil Act, and further, the relationship between the plaintiff and the non-party Kim*** caused the failure of marriage. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiff.

Furthermore, the amount of consolation money shall be determined as KRW 10,00,000, in full view of the circumstances revealed in the arguments, such as the contents and period of the unlawful act, the degree that the above illegal act was affected by the failure of the marriage between the plaintiff and the non-party Kim** after the unlawful act, and the attitude of the plaintiff and the defendant after the unlawful act.

Ultimately, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from March 1, 2016 to the date of full payment, as the Plaintiff seeks.

3. Conclusion

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

Judges Kim Jong-soo