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1. The Defendant’s KRW 25,00,000 and the Plaintiff’s annual rate of KRW 5% from April 1, 2015 to October 19, 2017.
Reasons
1. Facts of recognition;
A. The plaintiff is a legally married couple who completed the marriage report on February 2, 1989 and C, and one child and his/her married couple between C and C.
B. The Defendant, despite being aware that C is a spouse, has established an inappropriate relationship with C for a considerable period of time (from 20 years according to the Plaintiff’s assertion, and from 2011 up to 201 days from the closing date of the instant argument).
[Ground of recognition] Facts without dispute, entry of Gap 1 to 12 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendant's above behavior constitutes a tort against the plaintiff, who is the spouse C, and it is obvious in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to such defendant's tort, and therefore, the defendant is obliged to pay consolation money to the plaintiff.
B. Furthermore, in full view of the following circumstances acknowledged by the evidence examined earlier, namely, the marriage period of the Plaintiff and C, the period and degree of the Defendant’s tort, and in particular, the Plaintiff and their children seem to have committed an improper act independently and objectively with C in the vicinity of the Plaintiff’s residence where they could easily witness the Defendant’s misconduct, and the fact that the Plaintiff and its children might have maintained the relationship with C and brought about the remainder continuously after the instant lawsuit was brought about, without any contrary to their mistake even after the instant lawsuit was brought, appears to have been brought about, on the ground of the increase in the computation of consolation money, the Plaintiff appears to have been liable for damages only against the Defendant, even though the Plaintiff appears to have been the spouse, and that the Plaintiff did not take any specific legal measures such as a divorce claim or a claim for damages, etc. with respect to C, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 25 million.
C. Therefore, the defendant is against the plaintiff.