Plaintiff (Attorney Lee Jae-soo, Counsel for the plaintiff-appellant)

Defendant (Seoul Northern Law Firm, Attorney Lee Dong-young, Counsel for defendant-appellant)

May 9, 2013

Daegu Family Court Decision 2011Nu2518 decided August 30, 2012

1.The judgment of the first instance shall be modified as follows:

A. The Defendant shall jointly and severally pay to the Plaintiff KRW 10,00,000 as well as 5% per annum from February 24, 2012 to May 23, 2013, and 20% per annum from the next day to the day of full payment.

B. The plaintiff's remaining claims are dismissed.

2. One-half of the total costs of litigation shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

3. Paragraph 1(a) of this Article may be provisionally executed.

1. Purport of claim

The defendant shall pay to the plaintiff 30 million won with 20% interest per annum from the next day of the delivery of a copy of the complaint of this case to the day of complete payment.

2. Purport of appeal

The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revocation shall be dismissed.

3. Purport of incidental appeal;

Of the judgment of the court of first instance, the part against the plaintiff falling under the order to pay below shall be revoked. The defendant shall pay to the plaintiff 7 million won and 20% interest per annum from the day following the delivery of a copy of the petition of appeal of this case to the day of full payment.

1. Facts of recognition;

The court's explanation on this part is the same as the part of the judgment of the court of first instance. Thus, this part of the court's reasoning is cited in accordance with Article 12 of the Family Litigation Act and Article 420 of the Civil Procedure Act.

2. Determination

According to the above facts of recognition, it is reasonable to deem that the marriage relationship between the plaintiff and the non-party has reached a failure due to the unlawful act committed by the defendant and the non-party, and since it is clear in light of the empirical rule that the plaintiff suffered mental suffering, the defendant is obligated to pay the plaintiff monetary suffering. However, in light of all the circumstances revealed in the proceedings of the pleading of this case, such as the circumstance and period during which the non-party was delivered, the marriage period of the plaintiff and the non-party, and the situation surrounding the failure, it is reasonable to determine the amount of consolation money to be paid jointly by the defendant to the plaintiff as 10 million

Therefore, the defendant is jointly and severally liable with the non-party to pay to the plaintiff 10,000,000 won and a copy of the complaint of this case from February 24, 2012, which is the day following the service of a copy of the complaint of this case, to the plaintiff, 5% per annum under the Civil Act until May 23, 2013, which is the date of the judgment of the court of the first instance, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with some different conclusions, part of the plaintiff's incidental appeal is accepted and the judgment of the court of first instance is modified as above.

Justices Kim Tae-cheon (Presiding Justice)