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The defendant shall pay 7,00,000 won to the plaintiff and 5% per annum from January 16, 2020 to July 15, 2020 and the next day.
Reasons
1. Facts of recognition;
A. On September 29, 2014, the Plaintiff and C have one child (one child in 2015) as a legally married couple who completed a marriage report on September 29, 2014.
B. On October 2019, the Defendant, despite being aware of the fact that he/she became aware of C at online meetings around October 2019, maintained an inappropriate relationship with C, mainly by online hosting, until December 2019.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings
2. Determination
A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse of the married couple, thereby causing mental pain to the spouse, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above acknowledged facts, the Defendant, even though he/she is aware that he/she is a spouse of C, thereby infringing on or interfering with the Plaintiff’s communal life by committing unlawful act with C, is liable to compensate for mental suffering suffered by the Plaintiff.
B. In full view of all the circumstances indicated in the records and arguments, including the scope of damages and the marriage period and family relationship between the Plaintiff and C, the background leading up to the commencement of the teaching system between the Defendant and C, and the period and degree of unlawful act between the Defendant and C, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 7 million.
C. On January 16, 2020, the day following the day when a copy of the complaint was served on the Plaintiff as compensation for damages caused by a tort, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act from January 16, 2020 to July 15, 2020, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.