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1. The Defendant’s KRW 20,000,000 per annum for the Plaintiff and 5% per annum from March 23, 2017 to August 10, 2017.
Reasons
1. Facts of recognition;
A. On October 17, 2006, the Plaintiff completed the marriage report with C on October 17, 2006, and his children D and E.
B. From September 2015 to December 2, 2016, the Defendant was aware of his/her spouse from September 2015 to C with C, and had maintained private ties, such as joining the Republic of Korea and overseas travel.
C. Meanwhile, the Plaintiff and C maintain their current matrimonial relationship.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 8, 9 and the purport of the whole pleadings
2. Determination
A. A. In principle, a third party who causes damage to a third party by committing an unlawful act with a spouse, thereby infringing on or interfering with the communal life of the married couple falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse, constitutes a tort (Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant, even though he/she was aware of his/her spouse from Sept. 2015 to Dec. 2, 2016, thereby causing mental pain to the Plaintiff by committing an unlawful act, such as maintaining the remaining in Korea with a sexual relationship with C, and thus, is liable for compensation for the Plaintiff’s emotional distress.
In regard to this, the defendant asserts that the plaintiff and C were living separately for four years, and the marital life was broken down, and thus, the defendant is not liable for tort. However, since there is no objective evidence to acknowledge this, the above argument by the defendant is rejected.
B. The amount of consolation money shall be determined as KRW 20,000,000, taking into consideration all the circumstances, such as the scope of the above recognition and pleading, the process and period of marital life of the Plaintiff and C, the period and degree of fraudulent act between the Defendant and C, and the Defendant’s attitude to the Plaintiff, the victim before the instant lawsuit was brought.
C. According to the theory of lawsuit, the defendant's 20,000,000 won and its corresponding amount after the date of tort shall be the plaintiff.