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The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from May 12, 2020 to September 10, 2020, and the next day.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings and arguments as to the descriptions and videos of evidence Nos. 1 through 8, the Plaintiff and C are legally married couple who completed the marriage report on Jan. 22, 2014 and have one child between C and C. The Defendant, knowing that C has a spouse, continues to meet with C from September 2019 to the time of the instant lawsuit, and can be recognized as having committed an unlawful act.
According to the above facts of recognition, the defendant has a duty to pay consolation money to the plaintiff, since 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 plaintiff's spouse for a marital life.
As to this, the defendant asserts that since the defendant had already failed the marital relationship between the plaintiff's husband and wife before the maturity of C, the marital relationship between the plaintiff's husband and wife is not caused by the defendant's improper act.
However, there is no evidence to acknowledge this, and the above assertion is not accepted.
2. In full view of all the circumstances indicated in the pleadings of the instant case, including the Plaintiff’s marriage period, family relation, the pattern and period of the Defendant and C’s improper act, circumstances after the fraudulent act was discovered, and the Defendant’s improper act’s effect on the Plaintiff’s marital relation, the consolation money that the Defendant is liable to pay to the Plaintiff shall be set at KRW 20 million.
Therefore, the defendant is obligated to pay to the plaintiff the consolation money of KRW 20,000 and the delay damages calculated at the rate of 5% per annum under the Civil Act from May 12, 2020, which is the day following the day when the copy of the complaint of this case is served to the plaintiff, until September 10, 2020, which is the day when the defendant rendered the decision of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day when the plaintiff has fully repaid.
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