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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 13, 2018 to February 19, 2019.
Reasons
1. Basic facts
A. The plaintiff is a legal couple who completed the marriage report with C on January 24, 1995.
B. After the Defendant came to know with C around August 2012, 2017, C had been aware that C had a legal spouse, and the Defendant had a gender relationship with each other around August 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, 7, 8, 10 evidence and video (including, if any, a satisfy) and the purport before oral argument
2. Determination
(a) A third party shall not interfere with a married couple’s communal living which is equivalent to the nature of the marriage, such as interfering with a couple’s communal living by causing a failure of a married couple’s communal living;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the above basic facts, the Defendant, even though being aware that C was a person in a legal marital relationship with the Plaintiff, continuously maintained the relationship and infringed the Plaintiff’s community life by maintaining the relationship. Inasmuch as it is obvious in light of the empirical rule that the Plaintiff had suffered considerable mental pain due to such tort, the Defendant is obliged to pay the Plaintiff emotional distress with money, barring any special circumstances.
Considering all circumstances, such as health care unit, marriage period between the Plaintiff and C, content, degree, and duration of the Defendant and C’s wrongful act, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 15,00,000.
Therefore, barring any special circumstance, the Defendant, as consolation money, is KRW 15,00,000 as well as the following day after the date of tort sought by the Plaintiff, and, barring any special circumstance, is dissatisfied with the scope of the Defendant’s obligation from September 13, 2018.