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1. The Defendant’s KRW 13,00,000 and the following day shall be 5% per annum from March 8, 2018 to August 7, 2018 to the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 7 (including branch numbers), the plaintiff is a female who married with C on July 17, 2008 and has two daughters under his/her name. The defendant first becomes aware of C as a workplace company around October 2016, and has maintained an inhuman relationship including physical relations with C from March 2017 to October 2017.
2. Determination
A. “Unlawful act committed by a spouse” as stipulated in Article 840 subparag. 1 of the Civil Act refers to not only the adultery but also all unlawful acts which do not reach a common sense but also do not fulfill the duty of mutual assistance of the husband and wife.
In addition, if it was known or could have known that the spouse is a person with a spouse, thereby causing the failure of the marital relationship, the spouse is liable to compensate for damages caused by the illegal act.
In the case of this case, the defendant committed an unlawful act while being aware of the fact that C was in a marital relationship with the plaintiff, thereby infringing on or hindering the plaintiff's communal living and infringing on C's rights as the spouse of the plaintiff, thereby suffering mental pain to the plaintiff.
Therefore, the defendant is liable for compensating for mental damage suffered by the plaintiff.
B. The amount of consolation money shall be determined as KRW 13,00,000, comprehensively taking into account the following factors: (a) the scope of liability for damages and the duration of the marriage between the Plaintiff and C, the degree of failure in marriage, the period and content of misconduct between C and the Defendant, and the
C. According to the theory of lawsuit, it is reasonable for the Defendant to resist the Plaintiff as to the existence and scope of the instant performance obligation from March 8, 2018, which was the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, as the damages amounting to KRW 13,00,000, and since the date of tort.