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1. The Defendant’s KRW 8,00,000 as well as the Plaintiff’s annual rate of 5% from December 28, 2016 to August 17, 2017.
Reasons
1. As to the cause of claim
A. Since the Defendant, which caused the claim, committed an unlawful act with the Plaintiff’s husband C, the Defendant is obligated to pay consolation money of KRW 30,000 to the Plaintiff.
B. 1) On May 7, 2012, the Plaintiff married with C, and among them, he/she set up D. 2) C was frequently friendly with the president of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and began to contact the Defendant continuously.
3) On April 2016, C had a sexual intercourse after drinking the Defendant, and had a sexual intercourse with the Defendant on August 22, 2016. 4) After that, upon having come to know of the Plaintiff’s misconduct between C and the Defendant, C had a contact with C, and C continued to contact the Defendant with telephone and Kakakao Stockholm messages.
5) The Plaintiff prepared a written application for confirmation of intention of divorce with C, but did not receive the said written application to the competent family court after reconciliation. [The reasons for recognition are as follows: evidence Nos. 1 through 4, evidence Nos. 1 through 6, evidence Nos. 8, and the purport of the entire pleadings.]
C. The Defendant is liable for tort against the Plaintiff, since the Defendant committed an unlawful act with C, thereby infringing upon the Plaintiff’s community life, interfering with the maintenance thereof, and suffering from mental distress.
The amount of consolation money to be compensated by the Defendant shall be determined as KRW 8,00,000, comprehensively taking into account all the circumstances shown in the arguments of the instant case, such as the scope of compensation for damage and the period of marital life and family relations of the Plaintiff and C, the period and degree of fraudulent act committed by the Defendant and C, the impact of the marital life, the positive initiative of C, and the attitude of C and the Defendant after the occurrence of fraudulent act.
E. The Defendant’s lawsuit is the year prescribed by the Civil Act from December 28, 2016 to August 17, 2017, which is the date following the delivery of a copy of the instant complaint, as sought by the Plaintiff, after the date of tort against the Plaintiff.