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(영문) 부산가정법원 2017.3.23.선고 2016드단14696 판결
위자료
Cases

2016dwards 14696 Consolation Money

Plaintiff

A (Woo 1985 et al.)

Busan

Defendant

(A) 198,000,00

Busan

Attorney Lee Do-young

Conclusion of Pleadings

March 9, 2017

Imposition of Judgment

March 23, 2017

Text

1. The defendant shall pay to the plaintiff 17,00,000 won with 5% interest per annum from October 15, 2016 to March 23, 2017, and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by each person;

4. Paragraph 1 can be provisionally executed.

The defendant of the Gu office shall pay to the plaintiff 30,000,000 won with 15% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

Reasons

1. Facts of recognition;

In light of the overall purport of the arguments in evidence Nos. 1 through 9, the plaintiff and the non-party 1 and the non-party 2 were legally married couple who completed the marriage report on January 20, 2012, and have 1 South Korea (2012), the defendant maintained inappropriate relations between A from October 2012 to November 201, 2013, by knowing that A is pro-Nam, while having knowledge of the fact that he is pro-North Korea, and frequently contact A with him. During the inappropriate teaching period, the defendant sent text messages or Kax messages related to the plaintiff's relationship, the divorce between A and the plaintiff and the plaintiff, and the plaintiff was under stress, and the plaintiff was under conflict with the above wrongful act and the defendant's economic ability, etc., and the defendant brought a lawsuit against the Changwon District Court 2013D7510, etc., and the judgment of the court that designated the plaintiff 214 and the above plaintiff 214.

2. Determination

According to the above facts, the marital relationship between the plaintiff and A is deemed to have been broken down due to the illegal act of the plaintiff and the defendant, and it is clear in light of the empirical rule that the plaintiff suffered significant mental suffering. Thus, the defendant is obligated to compensate the plaintiff for consolation money due to the failure of the marital relationship. Thus, in light of the health care unit, the marriage period of the plaintiff and A, the number of children, the period and contents of the defendant and A's improper act, the degree of influence of the above improper act on the marriage dissolution, the process and process of the failure of marriage, the age of the plaintiff and the defendant, and the economic ability of the defendant, it is reasonable to determine the amount of consolation money to be paid to the plaintiff as 17 million

Therefore, the defendant is obligated to pay to the plaintiff 17,00,000 consolation money for delay calculated by the rate of 5% per annum under the Civil Act from October 15, 2016 to March 23, 2017, which is obviously a day after the delivery of a copy of the complaint in this case, as sought by the plaintiff, and 15% 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. It is so decided as per Disposition.

Judges

Judges Park Jong-sung

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