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1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from November 11, 2019 to September 25, 2020 to the Plaintiff.
Reasons
1. In fact, the Plaintiff is a legal couple with C and two adult children under the chain after completing the marriage report on February 10, 1983.
The defendant committed an unlawful act, such as having a relation with C, while maintaining her parent from around 2015 to around 2018, knowing that C is a legally spouse.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, purport of whole pleadings
2. Determination
A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above facts, it is reasonable to deem that the Defendant committed an unlawful act, such as having a relationship with the Plaintiff and C while maintaining her parent-child, even though he/she is a spouse, and thereby, caused emotional distress to the Plaintiff by infringing upon the marital relationship between the Plaintiff and C or interfering with its maintenance. As such, the Defendant is obliged to engage in pecuniary injury inflicted upon the Plaintiff.
B. The scope of liability for damages, and the following circumstances are considered: (a) the period of marriage between the Plaintiff and C, the number and age of children, the content and period of the Defendant’s and C’s unlawful act, the degree of liability of C for the said unlawful act, and the impact of the said unlawful act on the marital relationship between the Plaintiff and C; and (b) the amount of consolation money that the Defendant shall pay to the Plaintiff is reasonable to determine as KRW 10,000,000.
Therefore, the defendant is liable to compensate the plaintiff for consolation money of KRW 10,000,000 and a copy of the complaint of this case as claimed by the plaintiff after the above fraudulent act.