위자료
1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 18, 2018 to June 18, 2019.
1. Comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 through 5, the Plaintiff: (a) placed three children between C and his/her husband who completed a marriage report with C on July 21, 1992; and (b) maintained his/her marital relationship with C; and (c) the Defendant committed unlawful acts, such as having a sexual relationship with C even though C was aware that C was married for several years until July 2017; (b) even with the knowledge that the Defendant was his/her spouse, thereby infringing upon the Plaintiff’s rights as the Plaintiff’s spouse by infringing upon the Plaintiff’s spouse’s common life and interfering with the maintenance thereof; and (c) the Defendant is liable to compensate the emotional distress suffered by the Plaintiff as a tortfeasor.
Furthermore, with respect to the amount of consolation money that the Defendant is liable for, in light of all the circumstances revealed in pleadings, such as health class, the continuance period of inhuman relations (However, as the Plaintiff’s claim for damages against the Defendant due to the Defendant’s tort committed before July 8, 2015 was extinguished by prescription, it is limited to the Defendant’s tort liability that occurred during the period from July 9, 2015 to July 2017), the mental shock inflicted upon the Plaintiff, the impact on the Plaintiff’s and C’s marital life and family relationship, and other circumstances committed by the Defendant, first of all, to arrange the relationship with C, the amount of consolation money shall be determined as KRW 15 million.
2. As to the Defendant’s assertion, the Defendant asserts that ① (a) around 2014, the Plaintiff, who was aware of the non-wheeled relationship with the Defendant and C, filed the instant lawsuit, and more than three years thereafter, the Defendant’s damage liability has already expired by prescription; and (b) the Plaintiff, who knew of the non-wheeled relationship with the Defendant and C, gave up the right to claim damages against the Defendant by implied and misappropriation
① The damages also occur continuously as a result of the continuous commission of health care and tort.