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1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from August 13, 2019 to April 23, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. Since around 2012, the Plaintiff and C maintained a de facto marital relationship with the same without reporting marriage.
B. Around January 2018, the Defendant came to know of the fact that C was a de facto marital relationship around March 2018 by, for example, sexual intercourse with C, etc., around January 2018. Around May 2018, the Defendant maintained her remainder, such as exchanging contact with C even after receiving a claim regarding the relationship between C and the Defendant from the Plaintiff.
[Reasons for Recognition] Each entry in Gap's Evidence Nos. 1 through 9, 11 through 15, 18 through 35 (including each number), and the purport of the whole pleadings
2. Determination
A. According to the above fact of recognition that the defendant committed an unlawful act with C, and thereby infringing upon the plaintiff's and C's right to maintain a de facto marital marital life or interfered with their maintenance and his spouse's right, the defendant is liable to compensate the plaintiff for mental damage resulting therefrom in monetary injury.
As to this, the defendant argued that the causal relationship between the defendant's act and the plaintiff's damage is not recognized since the defendant had been aware that the marital relationship between the plaintiff's husband and the plaintiff's damage had already been actually broken down, but it is difficult to recognize that the defendant's marital relationship between the plaintiff's husband and the plaintiff's damage
B. Considering the various circumstances revealed in the pleadings, such as the Plaintiff and C’s de facto marriage period, the content and degree of fraudulent act, the influence of fraudulent act on a de facto marital relationship, the Defendant’s attitude after the discovery of fraudulent act, and the Defendant’s age, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 10 million.
C. Accordingly, the Defendant is obligated to perform the Defendant from August 13, 2019 to the date following the delivery of a copy of the complaint of this case to the Plaintiff as compensation for damages caused by tort.