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1. The Defendant’s KRW 10 million and the Plaintiff’s annual rate from November 1, 2017 to April 4, 2018, and the following.
Reasons
1. Determination as to the cause of claim
A. 1) On February 6, 191, the Plaintiff is a legal spouse who reported a marriage with C on February 6, 1991, and has two children among them. 2) C and the Defendant: (a) given and received liaison from February 2, 2017 to August 2017; and (b) maintained an inhumane relationship, such as traveling along with the mother, or making a tour in the telecom.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, 6, 7, and 8, and the purport of the whole pleadings
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 Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant, despite being aware of the legal spouse’s existence, has sustained mental pain from the Plaintiff by maintaining the relationship with C with the non-humanity and infringing the Plaintiff’s common life with the Plaintiff and C. As such, the Defendant is obligated to inflict mental pain on the Plaintiff as compensation for damages arising from the aforementioned tort.
Furthermore, in full view of all the circumstances, including the period of marital life and family relationship between the Plaintiff and C, the degree and duration of the Defendant and C’s inhumanity relationship, and the Plaintiff and C’s marital relationship until now, and only the Defendant, who is the other party, have claimed damages, it is reasonable to determine the amount of consolation money as KRW 10 million.
C. In conclusion, the Defendant, as a result of the above illegal act, shall serve the Plaintiff a solatium of KRW 10 million and the Plaintiff at the rate of 5% per annum as stipulated in the Civil Act from November 1, 2017 following the delivery of a copy of the complaint of this case sought by the Plaintiff to November 1, 2017, to April 4, 2018, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.