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The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from October 27, 2020 to March 18, 2021, and the next day.
Reasons
1. Comprehensively taking account of the overall purport of arguments in each statement and image of evidence Nos. 1 through 5, 7, and 8 (including the number of branches), the Plaintiff and C, who completed the marriage report on June 2, 2009, has two children, and the Defendant, knowing that C is a spouse, continues to meet with C and committed an unlawful act from August 2019 to the time of the instant lawsuit.
According to the above facts of recognition, the defendant suffered mental pain on the plaintiff by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on the plaintiff's spouse's right to communal living as the plaintiff's spouse.
Therefore, the plaintiff is obligated to pay consolation money to the plaintiff.
2. In full view of all the circumstances revealed in the pleadings of the instant case, including the scope of liability for damages and the marriage period of the Plaintiff C, family relation, the pattern and period of the Defendant’s unlawful act, circumstances after the fraudulent act was discovered, and the impact of the Defendant’s unlawful act on the Plaintiff’s marital relationship, the consolation money that the Defendant is liable to pay to the Plaintiff shall be KRW 20 million.
Therefore, it is reasonable for the Defendant to dispute the existence or scope of the obligation of the Defendant from October 27, 2020 to the Plaintiff as to consolation money of KRW 20,000,000 and its duplicate of the complaint of this case.
5% per annum as stipulated in the Civil Act by March 18, 2021, which is the date of this decision, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, are obligated to pay delayed damages.
3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as without merit. It is so decided as per Disposition by the assent of all participating Justices on the grounds that both parties' process of attack and defense is to be considered as sharing litigation costs.