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1. The Defendant’s KRW 8,00,000 as well as the Plaintiff’s annual rate from August 4, 2018 to December 20, 2018, and the following.
Reasons
1. The plaintiff and C are legal couple who completed the marriage report on March 12, 2007. -
Although the defendant knew that C is a spouse, he/she was able to teach C from April 2017 to June 2017, and maintained an illegal relationship.
[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 11, the purport of the whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above basic facts, the Defendant knowingly committed a fraudulent act with C while being aware that C is a spouse.
This constitutes an unlawful act that infringes on a marital life contrary to the essence of marriage or interferes with the maintenance thereof and infringes on the rights of the plaintiff's spouse.
Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.
B. Considering various circumstances revealed in the argument of the instant case, such as the content, degree, and period of the unlawful act committed by the Defendant and C, which can be known from the above basic facts within the scope of liability for damages, and the impact of the said unlawful act on the marriage between the Plaintiff and C, it is reasonable to determine the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff
Therefore, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 8,00,000 and/or delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from August 4, 2018 to December 20, 2018, which is the date of this decision, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.