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1. The Defendant’s KRW 10,000,000 and annual interest thereon from December 9, 2016 to September 5, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff married with C on January 19, 2002 (the date of the marriage declaration is November 30, 2006) and two South and North Korea (the date of the marriage declaration is November 30, 2006) between C and C (the birth on May 9, 2006 and October 30, 2012) (the birth on May 9, 2006).
B. However, the Defendant, even though he was aware that C was his spouse as above and was his spouse, maintained a relationship with C from September 2015, by establishing a male and female relationship with C and making a trip to China.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 9 and images, fact inquiry results to the Seoul Immigration Office and the purport of the whole pleadings
2. In principle, an act of infringing on or interfering with a couple’s communal life falling under the essence of marriage by making a judgment knife or a third party’s unlawful act with the spouse, and infringing on the right as the spouse, thereby causing mental suffering to the spouse, constitutes tort.
Therefore, the defendant maintained a Buddhist relationship with C and C, and infringed upon the plaintiff's spouse's right as the plaintiff's spouse.
Therefore, barring any special circumstance, the amount of consolation money shall be determined at KRW 10 million in light of all the circumstances acknowledged by adding each description of the evidence No. 1-1-3 to the above evidence, such as the period of marriage and family relationship of the plaintiff, the circumstances and contents leading to the establishment of the non-wheeled family relationship, the marital relationship between the plaintiff and the plaintiff before and after the non-wheeled family relationship, the marital relationship between the plaintiff and C, and the non-wheeled family relationship: Provided, That the plaintiff seems to have no intention to divorce with C.
Therefore, the defendant's payment of consolation money to the plaintiff 10 million won and as requested by the plaintiff, the defendant raised a dispute on the existence and scope of the obligation from December 9, 2016, which is the day following the delivery of a copy of the complaint of this case to the defendant.