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1. The Defendant’s KRW 15 million to the Plaintiff, as well as 5% per annum from November 21, 2013 to November 21, 2014.
Reasons
1. The gist of the Plaintiff’s assertion asserts that the Plaintiff sought payment of consolation money of KRW 30 million, since the Defendant had been aware of around September 2012 with C and C, the husband of the Plaintiff, and had been locked several times since June 2013, by living together with the Plaintiff and sustained mental damage from June 2013.
2. Determination
A. The facts of living together with C, which the Defendant had several lockeds with C, do not have any evidence to prove.
B. However, “illegal act” under Article 840 subparag. 1 of the Civil Code is a broad concept rather than so-called “an act,” which includes any act that is not faithful to the duty of mutual assistance as a spouse and is not so-called “an act.”
However, according to Gap evidence Nos. 1 and 8 evidence, Eul is the legal spouse of the plaintiff who reported the marriage with the plaintiff on September 1, 1986, and it is recognized that Eul sent the so-called "the defendant and the defendant frequently from November 21, 2013 to December 4, 2013, and so on.
This act of C constitutes an unlawful act, and the defendant's act with knowledge that C is a spouse, constitutes a tort against the plaintiff, and since it is obvious in light of the empirical rule that the plaintiff suffered emotional distress due to the defendant's illegal act, the defendant is obliged to pay consolation money to the plaintiff.
C. However, the amount shall be 15 million won in consideration of the above facts recognized and the various circumstances shown in the pleading of this case.
Therefore, the amount claimed by the plaintiff is without merit.
D. Therefore, the Defendant is obligated to pay to the Plaintiff the solatium 15 million won and damages for delay at each rate of 5% per annum as stipulated in the Civil Act from November 21, 2013 to November 21, 2014, which is the date of sentencing, and 20% 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. Therefore, the Plaintiff’s claim is accepted within the scope of the above recognition.