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1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual interest from February 1, 2014 to December 21, 2016, and the following.
Reasons
1. Determination as to loan claims
A. The gist of the Plaintiff’s assertion is that the Defendant lent KRW 75,000,000 to the Defendant out of the purchase fund for the housing No. 402 of Pyeongtaek-si D and E-Ground F No. 402.
The Plaintiff inherited 10/35 shares as one of the heirs of the deceased.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 21,428,571 (=75,000,000 + 10/35 shares) and damages for delay.
B. It is insufficient to recognize the fact that the net C lent KRW 75,000,000 to the Defendant only with each of the descriptions of Gap evidence Nos. 1-3, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's above claim is without merit.
2. The act of a third party making a judgment on the claim of consolation money to infringe on or interfere with common life of the married couple falling under the essence of the marriage and to inflict mental distress on the spouse by infringing on the right as the spouse, in principle, constitutes tort.
From 2009 to 2014, the Defendant committed an unlawful act while living together with the deceased even though he/she was aware that the deceased was his/her spouse, and the fact that the Plaintiff was a legal spouse who reported the marriage with the deceased on March 25, 197 is no dispute between the parties.
According to the above facts, it is clear in light of the empirical rule that the plaintiff, who is the spouse of the deceased under the law due to the defendant's unlawful act, has suffered mental suffering, and the defendant is obliged to pay a monetary reward for the
Furthermore, in full view of the various circumstances shown in the arguments in the instant case, such as health team, the marriage period between the Plaintiff and the deceased C, and the period of the unlawful act between the Defendant and the deceased (in light of the fact that the Defendant living together up to the nearest date of the deceased’s death, it is reasonable to deem that the unlawful act continues until February 1, 2014, the deceased’s death date), and the extent thereof, the amount of consolation money shall be set at KRW 10,00,000.