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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and C are legal spouses who completed the marriage report on October 11, 2013, and have two minor children under the chain.
B. C, on August 8, 2015, the Defendant, who was divorced from his spouse at the Age Club located in Incheon, the Defendant’s residence, and the Defendant, on several occasions, including the 14th of the same month and 21.
C. On September 18, 2015, the Plaintiff filed the instant lawsuit claiming damages by asserting that the Defendant committed an unlawful act with C, and the Defendant was aware of the fact that the instant lawsuit was filed around October 26, 2015 (a warden served on October 30, 2015 with the Defendant, but the Defendant submitted a written reply, which was the previous Defendant, on October 26, 2015).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant, even after being aware of the existence of the spouse C, continued to commit unlawful acts, including sexual intercourse, with C, and continued to cause the failure of the marital relationship between the Plaintiff and C after the delivery of the written complaint. Accordingly, the Plaintiff was suffering from considerable mental suffering.
Therefore, the defendant is obligated to pay consolation money of KRW 50 million and delay damages to the plaintiff as compensation for damages caused by the above unlawful act.
B. At the first day, Defendant C introduced Defendant C to a divorce South Korea, which was not less than several months after having divorced for himself. The Defendant was only taking into account the school relationship with C without knowing that C was a person with his spouse before becoming aware of the filing of the instant lawsuit, and there was no unlawful act as alleged by the Plaintiff, and even after having become aware of the fact that C was a person with his spouse through the instant lawsuit, it was only for coping with the instant lawsuit, but it was only for coping with the instant lawsuit. At present, the Defendant committed an unlawful act only with C and friendly relatives.