beta
Text
1. The Defendant’s KRW 10,000,000 as well as 5% per annum from February 8, 2019 to January 10, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 1, 2016, the Plaintiff and C have one child as a legally married couple who completed the marriage report.
B. After having become aware of C at D group hostings, the Defendant, despite being aware of the fact that C was a woman, maintained the illegal relationship with C, such as having sexual intercourse from October 2017 to July 2018.
[Ground of Recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 9, 14 (including paper numbers) and purport of the whole pleadings
2. Determination:
A. According to the above facts, the defendant committed an unlawful act with C, who is the spouse of the plaintiff, thereby infringing on the plaintiff's community life or interfering with the maintenance thereof, and infringing on his spouse's right as his spouse, and thereby inflicted mental suffering on the plaintiff. Thus, the defendant is obligated to do so as to compensate for mental suffering suffered by the plaintiff. 2) As to this, the defendant did not know that he was a woman by doing so as to be an unmarried woman in C, and the defendant did not know of the fact that he was a woman by doing so at C, and even if the plaintiff seems to have taken advantage of C's unlawful act, claiming consolation money against the defendant is extremely unfair or not entitled to claim it and constitutes abuse of rights. However, the evidence submitted by the defendant alone is insufficient to acknowledge it, and even if the plaintiff was guilty of C, it cannot be deemed that the defendant renounced the right to claim compensation against the defendant.
The defendant's argument is without merit.
B. In full view of all the circumstances revealed in the pleadings of the instant case, including the content, degree, and period of unlawful act between the Defendant and C, the marriage period and family relationship between the Plaintiff and C, the impact of the Defendant’s improper act on the Plaintiff’s marital life, and the circumstances after the act was revealed, etc., the amount of consolation money that the Defendant is liable to compensate the Plaintiff.