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The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from July 30, 2020 to December 10, 2020, and the next day.
Reasons
1. Basic facts
A. The plaintiff and C are the legal couple who completed the marriage report on February 25, 2008 and has two children.
B. From April 2017, the Defendant knew that C is a spouse, and conspired with C.
C. The Defendant reported the marriage with D on August 9, 2019, but maintained the relationship with C, i.e., having sexual intercourses with C twice thereafter, having given and received liaison, and having meals.
D) Around February 2020, upon being aware of a fraudulent act between the Defendant and C, filed a lawsuit against the Defendant and C, such as the Daejeon Family Court 2020ddan51258 divorce (hereinafter “related case”), and claimed a divorce or consolation money, etc., but the lawsuit against the Defendant was withdrawn.
E. On November 11, 2020, C sentenced D to the payment of consolation money of KRW 15,000,000 and damages for delay.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, 4, and 5 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination
A. According to the above recognition facts, the defendant violated a marital life falling under the essence of marriage or obstructed the maintenance thereof, and infringed the plaintiff's spouse's right as the spouse for a marital life, thereby suffering mental distressing the plaintiff. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiff.
B. In full view of all the circumstances indicated in the pleadings of the instant case, including the scope of liability for damages and the marriage period of the Plaintiff C, family relation, the attitude and period of the Defendant and C’s wrongful act, circumstances after the fraudulent act was discovered, and the influence of the Defendant’s wrongful act on the Plaintiff’s marital relation, the consolation money that the Defendant is liable to pay to the Plaintiff shall be KRW 2
Considering the above all the circumstances, the defendant's liability for damages against the plaintiff should be more serious than C's liability for recognized D in the relevant case.