2018dward209504 Compensation (as such)

A

Section B.

November 27, 2018

December 18, 2018

1. The defendant shall pay the plaintiff 20 million won as consolation money and 5% per annum from August 30, 2018 to December 18, 2018, and 15% per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. One-third of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 30,00, 100 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.

1. Facts of recognition;

A. On October 22, 2014, the Plaintiff is a legal couple who reported marriage with Kim 00 on October 22, 2014, and is a minor child.

B. around springing in 2016, Kim 00 came to know of the Defendant, who had worked as an employee at a singing room operated by the branch around springing, and around June 2016, the Defendant helps the Defendant’s singing room business, and became more complicated and became more and more connected with each other, such as having a mutual contact or sexual relationship.

C. On March 2017, the Plaintiff knew of the relationship between Kim 00 and the Defendant, but believed that the relationship would be settled, and the Defendant believed on one occasion. Since then, Kim 00 received a letter directly from the Defendant who continued to go in Jeju-do.

D. On February 18, 2018, Kim 00, together with those who want to send a warning letter to the police around February 18, 2018, as well as those who were going to work in Jeju-do as a creative staff, and became the defendant's house and became fully south.

E. After the Plaintiff and Kim 00 agreed to divorce, on April 9, 2018, a notarial deed was prepared as follows, and on May 30, 2018, the Plaintiff and Kim 00 confirmed the intention of the court and reported the divorce on May 30, 2018.

A person shall be appointed.

A person shall be appointed.

F. The Plaintiff filed a lawsuit against the Defendant on June 8, 2018.

[Grounds for Recognition] Evidence A1 to 14 (including branches number), Evidence B to 1, the purpose of the entire pleading

2. Determination.

(a) Occurrence of liability for damages;

1) A third party shall not interfere with a married couple’s community life falling under the essence of marriage by interfering with a married couple’s community life by causing a failure of the married couple’s community life by participating in a couple’s community life. A third party’s act infringing on, or interfering with, a couple’s community life falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on his/her spouse’s rights as the spouse, thereby causing mental distress to the spouse, constitutes tort in principle (see Supreme Court Decision 2011Meu2997, Nov. 20, 201). “Cheating” in this case is a broad concept that includes adultery, but does not reach the gap, all unlawful acts that do not fulfill the duty of good faith of the married couple may be included, and whether an unlawful act is an unlawful act, shall be assessed in consideration of the degree and circumstances thereof depending on specific cases (see, e.g., Supreme Court Decisions 8Meu87, May 24, 198; 8Meu16, Dec. 16, 1996).

2) According to the above facts of recognition, the defendant is liable for the failure of the marriage between the plaintiff and Kim 00 by entering into an illegal relationship with the plaintiff, knowing that Kim 00 has a legal spouse, and thus, it is obvious in light of the rule of experience that the plaintiff suffered mental pain. Thus, the defendant is liable for compensation for mental damage suffered by the plaintiff.

B. Scope of damages liability

Furthermore, as to the amount of consolation money that the Defendant is liable for damages, taking into account the following circumstances: (a) the developments and period leading up to the Defendant’s wrongful relationship with Kim 00; (b) the attitude and degree of such unlawful act; (c) the impact of the act on the failure of marriage between the Plaintiff and Kim 00; and (d) the period of marriage between the Plaintiff and Kim 00; (c) family relationship; and (d) the situation after the marriage is dissolved, the amount of consolation money shall be set at KRW 20 million.

C. Defendant’s assertion and judgment

1) The defendant asserts that the marital failure between the plaintiff and Kim 00 led to the failure is due to the problem of family life between the couple and it is not due to the defendant's fault.

On the other hand, the evidence presented by the Defendant alone is insufficient to view that there was a conflict between the Plaintiff and Kim 00 as to the failure of the marital relationship between the Plaintiff and Kim , regardless of the Defendant. Rather, it is recognized as above that Defendant was responsible for the failure of the marriage between the Plaintiff and Kim 00 by committing a wrongful act from June 2016 to Kim 00. Therefore, this part of the allegation is without merit.

2) The defendant asserts that since the plaintiff agreed to waive all the consolation money to the defendant, including Kim 00, instead of paying the child support for the child at the time of the divorce, the above claim against the defendant is unreasonable.

In light of the fact that a notarial deed, including child support and consolation money, was prepared between the Plaintiff and Kim 00, but it is difficult to view that the above agreement includes both the consolation money to the Defendant, and furthermore, the obligation to pay consolation money due to a tort constitutes a joint tort liability, which is a joint tort liability. In addition, even if the victim renounced his/her right to compensation for damages or expressed his/her intent to waive his/her obligation to one of the obligors, it cannot be deemed that the obligation of the Defendant’s compensation against the Plaintiff cannot be deemed to have been fully repaid. This part of the claim is without merit.

D. Sub-committee

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from August 30, 2018, which is the day following the day on which the Defendant served a copy of the complaint of this case to the Defendant, upon the Plaintiff’s request, until December 18, 2018, which is deemed reasonable to dispute the scope of the Defendant’s non-performance, until December 18, 2018, and 15% per annum as stipulated in 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 for consolation money shall be accepted within the scope of the above recognition, and the remaining Cheong-gu is dismissed as it is without merit. It is so decided as per Disposition.

Judges already appointed