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1. The Defendant’s KRW 20,000,000 per annum for the Plaintiff and 5% per annum from December 10, 2019 to June 9, 2020.
Reasons
Facts of recognition
The Plaintiff completed the marriage report with C on July 1, 1998 and had two children among them, and the Defendant, despite being aware that C has a spouse, committed unlawful acts, such as having sexual intercourses with C from December 2, 2017 to August 2019, may be recognized by taking into account each of the descriptions in subparagraphs 1 through 21 (including each number of branches), and all of the arguments and arguments.
Judgment
A third party shall not interfere with a couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of the couple’s communal living by participating in another person’s marital life, and a third party’s act of infringing on or interfering with a couple’s communal living falling under the essence of marriage and infringing on a spouse’s right as the spouse, thereby causing mental distress to the spouse, in principle, constitutes tort.
(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the aforementioned facts, the Defendant, even though having knowledge of the existence of a spouse, committed an unlawful act with C with C, thereby infringing upon a couple’s communal living constituting the essence of marriage or interfering with the maintenance thereof, thereby causing mental pain to the Plaintiff.
Therefore, the defendant has a duty to pay the plaintiff the mental suffering suffered by the plaintiff.
Considering the various circumstances shown in the arguments of this case, such as the contents, period and degree of fraudulent act of the defendant and C, the marriage period and family relationship of the plaintiff and C, the influence of the fraudulent act on the marital life between the plaintiff and C, and the circumstances after the occurrence of fraudulent act, etc., it is reasonable to determine the amount of consolation money to be paid to the plaintiff as KRW 20 million.
Therefore, as the defendant seeks, 20 million won as consolation money to the plaintiff and as the plaintiff seeks, from December 10, 2019, the day following the delivery of a copy of the complaint of this case to the plaintiff.