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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 6, 2017 to January 17, 2018.
Reasons
1. The gist of the plaintiff's assertion was that the plaintiff's spouse C and the defendant suffered mental suffering due to the plaintiff's act of incompetence, and thus, the plaintiff claimed 30,000,000 won as consolation money and damages for delay.
2. Determination
(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the evidence evidence Nos. 1 through 5, the Defendant: (a) committed an unlawful act while being aware of the fact in a marital relationship with the Plaintiff, thereby obstructing the Plaintiff from infringing or maintaining the Plaintiff’s community life; and (b) thereby infringing the Plaintiff’s spouse’s right as the spouse, thereby causing emotional distress to the Plaintiff; and (c) thus, the Defendant is liable
B. The amount of consolation money shall be KRW 15,00,000, taking into account the period of marriage and family relationship between the Plaintiff and C, the period and content of unlawful acts by C and the Defendant, the degree of failure in marriage, equity in cases similar thereto, etc.
C. Accordingly, according to the theory of lawsuit, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 15,00,000 and damages for delay calculated by the rate of 5% per annum under the Civil Act from December 6, 2017 to January 17, 2018, which is the day following the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. Conclusion.