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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from March 21, 2014 to August 9, 2016.
Reasons
1. Basic facts
A. Although the Plaintiff was a married couple with C on June 30, 2010, the conciliation was concluded on November 20, 2014 that “Plaintiff and C shall not claim consolation money or division of property with respect to divorce,” which was filed by C against the Plaintiff on November 20, 2014 in the Cheongju District Court 2014ddan3093 (principal lawsuit), 2015ddan30207 (Counterclaim) divorce, etc., which was brought by C against the Plaintiff, and the Defendant is a father-child and doctor who run the “B women’s father-child” in Daejeon-gu D.
B. At around 12:00 on March 21, 2014, the Defendant: (a) received a request from the pregnant woman C to request the abortion from the pregnant woman C; and (b) received a request from the pregnant woman C, thereby allowing the fetus to be discharged out of the mother’s body; and (c) performed an operation for the abortion of artificial pregnancy.
C. On January 28, 2016, the Defendant was sentenced to the suspended sentence of two years, suspension of qualifications for one year, and fine of 1.5 million won in the Daejeon District Court Decision 2015Da355, 2015 Godan1606 (Joint), etc., and the Defendant appealed as Daejeon District Court Decision 2016No461, Jul. 21, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 6, Gap evidence 7 (i.e., evidence 9), Gap evidence 8-1 and 2 (i.e., evidence 8), the purport of whole pleadings
2. Determination
A. The plaintiff's assertion that the plaintiff suffered mental suffering due to the defendant's illegal abortion, and the defendant is obligated to pay consolation money of KRW 100 million to the plaintiff with compensation for damages caused by the tort.
B. The defendant is obliged to pay consolation money to the plaintiff, since it is obvious in light of the empirical rule that the plaintiff suffered from mental suffering due to the stillbirth due to the defendant's illegal abortion.
Furthermore, as to the amount of consolation money, C, alone, has to take full responsibility for raising his father and wife and to work at the company to conduct economic activities, so her child can be delivered and raised.