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1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from October 6, 2016 to September 27, 2017.
Reasons
1. Determination as to the cause of claim
(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively taking into account the respective entries and arguments set forth in subparagraphs A(1) through 5(including paper numbers) and the whole purport of the arguments.
1) The Plaintiff and C filed a marriage report on November 2, 1994. The Plaintiff and C had two children under the sleep. 2) The Defendant was in 2015 at an elementary school dong group in the middle of the 2015, and even though C was aware that her husband was the husband, they were aware that her husband was the husband, they sent letters from time to September 2016, and maintained the relationship between C and C, her travel along with a travel.
B. In principle, a third party’s act of infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as the spouse by committing an unlawful act with the spouse, thereby causing mental pain to the spouse constitutes tort.
(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015; Supreme Court Decision 2004Da1899, May 13, 2005). According to the above facts of recognition, the Defendant committed an unlawful act with the Plaintiff’s wife C, thereby infringing on the Plaintiff’s husband’s wife and C’s community life or interfering with its maintenance, and causing emotional distress to the Plaintiff by infringing the Plaintiff’s spouse’s right as his spouse.
Therefore, the Defendant has a duty to give a monetary reward to the Plaintiff for mental suffering suffered by the Plaintiff. Considering such various circumstances as the content, degree, and period of the Defendant’s wrongful act, the impact of the unlawful act on the family relationship, including the Plaintiff’s marital relationship and children, the marriage period between the Plaintiff and C, and the age of the Plaintiff and the Defendant, it is reasonable to determine consolation money to be compensated for the Plaintiff as KRW 10,000,000.
Thus, the defendant is the plaintiff as consolation money of KRW 10,000,000 and after the date of tort.