위자료
The defendant shall pay 20 million won to the plaintiff and shall be 5% per annum from July 30, 2019 to July 8, 2020 and from the next day.
1. According to each of the statements and arguments stated in Gap evidence Nos. 1 through 9 and the whole purport of the pleadings, the plaintiff is legally married couple who completed a marriage report on August 12, 1994, and has two son and one son and one son. The defendant can recognize the fact that the plaintiff committed an unlawful act, such as taking a teaching relationship from April 2018 to entering into a sex relationship and making overseas travel together, even though he/she is aware that C is a spouse.
2. Determination as to the cause of action
A. According to the above facts, the defendant is liable to pay consolation money, since it constitutes a tort which causes mental pain to the plaintiff, who is the spouse, due to the plaintiff's husband's misconduct with the plaintiff's husband.
B. Considering the circumstances revealed in the pleadings, such as the marriage period, family relationship, Defendant’s wrongful act pattern and period, circumstances after the occurrence of fraudulent act, and the influence of fraudulent act on the Plaintiff’s marital relationship, it is reasonable to determine the consolation money for the Plaintiff at KRW 20 million.
C. From July 30, 2019, the day following the delivery day of a copy of complaint sought by the Plaintiff with respect to consolation money, the Defendant is obligated to pay damages for delay calculated by the rate of 5% per annum under the Civil Act and 12% 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, to the day of this decision, which is the date of this decision, to the day of this decision, to July 8, 2020.
3. The plaintiff's claim for conclusion is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.