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1. The Defendant: (a) KRW 20 million to the Plaintiff; and (b) 5% per annum from September 3, 2016 to June 2, 2017.
Reasons
1. Facts of recognition;
A. The plaintiff is a married couple with C on June 17, 2009, and has one child under the chain of law, who has reported marriage with C on June 17, 2009.
B. From September 2013 to March 2016, the Defendant knew that he/she was the spouse of C, and maintained C with a sexual intercourse with C, and private life.
C. Meanwhile, the Plaintiff and C maintain their current matrimonial relationship.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 14 (including branch numbers in the case of additional number), the purport of the whole pleadings
2. Determination
A. In principle, a third party who suffered liability for damages by committing an unlawful act with the spouse, thereby infringing on a couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse’s right as the spouse, thereby constituting a tort. According to the above facts of recognition, the Defendant is liable for compensating the Plaintiff for mental suffering due to an unlawful act, such as a sexual intercourse with the Plaintiff’s spouse from September 2013 to March 2016.
B. The scope of liability for damages is set at KRW 20 million in consideration of all the circumstances, including the Plaintiff and C’s process and period of marital life, the period and degree of fraudulent act committed by the Defendant and C, and the Defendant, even before the instant lawsuit is brought to the Plaintiff, who is the victim of illegal act committed by the Defendant, rather than committing a fraudulent act.
C. Accordingly, the Defendant, according to its resolution, is 5% per annum as stipulated in the Civil Act from September 3, 2016 to June 2, 2017, which is the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff after the date of tort, and is deemed reasonable for the Defendant to resist the scope of its performance obligations.