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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 11, 2018 to November 8, 2018.
Reasons
1. Basic facts
A. On September 14, 201, the Plaintiff completed a marriage report with C on September 14, 201 and has one child under the chain.
B. From the end of October 2017, the Defendant developed into the internal relationship with C, which had a workplace bonus, and continued the internal relationship until it was discovered to the Plaintiff at the end of February 2018.
C. On March 2, 2018, C returned home with the Defendant and returned home for 10 days.
[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings
2. Determination as to the cause of action
A. 1) A third party shall not interfere with a married couple’s community life falling under the essence of marriage by interfering with a married couple’s community life by causing a failure of the married couple’s community life. A third party’s act of infringing on or maintaining a married couple’s community life falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, in principle, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) The Defendant committed a reasonable period of time with the knowledge that he/she is a spouse of C, and committed an unlawful act with the knowledge that he/she is a spouse of C, and thereafter, the Plaintiff was locked with C, thereby infringing on the marital relationship with the Plaintiff and causing serious mental distress to the Plaintiff.
Since the above act of the defendant constitutes a tort, the defendant has a duty to take monetary compensation for mental suffering suffered by the plaintiff, barring special circumstances.
B. 1) The amount of consolation money shall be determined as KRW 25,00,000 in consideration of the Plaintiff’s age, marriage period, details and degree of the unlawful act revealed in the records, the period of such unlawful act, and the Defendant’s behavior after the commission of such unlawful act. Therefore, the Defendant shall be determined as KRW 25,00,000 to the Plaintiff and its duplicate after the date of such unlawful act, as the Plaintiff seeks.