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1. The Defendant shall pay to the Plaintiff KRW 15,00,000 and the interest rate of KRW 15% per annum from October 9, 2015 to the date of full payment.
Reasons
1. In full view of the purport of the entire arguments in the evidence Nos. 1 through 4 of the judgment as to the cause of the claim, the Plaintiff and C, the couple who completed the marriage report on April 18, 1983, and the Defendant committed an unlawful act, such as exchanging C and text messages with C while knowing that C had his/her spouse during the period from June 2012 to May 5, 2014.
In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.
(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). The Defendant is obligated to pay consolation money to the Plaintiff, on the following grounds: (a) the Defendant’s commission of a tort with C constitutes a tort against the Plaintiff; and (b) the Plaintiff appears to have suffered emotional distress; and (c) the Defendant is obligated to pay consolation money to the Plaintiff.
In full view of the period and attitude of misconduct committed by the Defendant and the degree of infringement of marital life between the Plaintiff and C, it is reasonable to determine consolation money to be paid by the Defendant to the Plaintiff as KRW 15 million.
Therefore, the defendant is obligated to pay damages for delay calculated by the rate of 15% per annum from October 9, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff as a result of the illegal act, to the plaintiff from October 9, 2015 to the day of full payment.
2. The defendant's assertion that "the defendant is not liable for civil or criminal liability if he or she does not contact with C," between the plaintiff and the plaintiff, and the plaintiff fulfilled the above letter by making telephone conversations with C or not.