(영문) 대전지방법원 2015.05.15 2014가단47945

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(영문) 대전지방법원 2015.05.15 2014가단47945

손해배상(기)

Text

1. The Defendant’s KRW 7 million to the Plaintiff, as well as 5% per annum from August 18, 2014 to May 15, 2015.

Reasons

1. Basic facts

A. On September 19, 2008, the Plaintiff is a legal spouse who completed a marriage report with C (1980) on September 19, 200 and has one child.

B. Defendant (Defendant 194) knew that C had a spouse, who became aware of the workplace company, was dead from May 2013.

C. On April 15, 2014, the Plaintiff sought from the Defendant’s mother to hear the fact of unlawful act between C and the Defendant, and to arrange the relationship between C and the Defendant.

C is living with the defendant by May 24, 2014, after having obtained the monthly house of her house on May 8, 2014.

Korea has returned to the office.

However, C even after that, even after that, the defendant was living in his house, such as D. D.

E. Although the Plaintiff was aware of the misconduct committed by the Defendant and C, there was a crisis of marriage with C, such as misunderstanding of divorce talks, it does not reach a divorce by efforts to maintain a family.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. According to the above facts, since it is apparent in light of the empirical rule that the plaintiff suffered mental suffering due to the plaintiff's improper act committed by C and the defendant's spouse, the defendant is obliged to pay monetary compensation for the mental suffering suffered by the plaintiff.

Furthermore, the amount of consolation money to be compensated by the Defendant shall be determined as KRW 7,00,00,000, in full view of the following factors: (a) the period and marriage relationship between the Plaintiff and C, the circumstances leading up to the Defendant and C’s wrongful act, the period and degree thereof, whether the marital relationship between the Plaintiff and C was broken down or not, and the circumstances after the fraudulent act.

Therefore, it is reasonable for the defendant to dispute the existence and scope of the duty of performance from August 18, 2014, which was sought by the plaintiff as a result of the tort against the plaintiff in the amount of consolation money of seven million won and this.

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