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1. The Defendant’s KRW 15,00,000 and the following day to the Plaintiff shall be 5% per annum from June 19, 2018 to May 1, 2019.
Reasons
1. Basic facts
A. The plaintiff is a legal spouse who completed the marriage report with C on February 15, 1994, and has two children under the chain.
B. Around September 2017, the Defendant served as an employee of a company C with C’s introduction, and retired from office around March 2018.
C. The Defendant knew of the fact that C is a spouse due to marriage, and received gifts from around October 2017 to March 2018, from time to time, with C as an individual with C, and committed unlawful acts, such as engaging in a sexual intercourse with the domestic cartel and overseas travel.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 10, the purport of the whole pleadings
2. The act, in principle, of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as a spouse by a third party who has committed an unlawful act with the spouse of the married couple, thereby causing mental suffering to the spouse shall constitute tort; and
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant committed an unlawful act with C, thereby infringing the community life of the Plaintiff and C and infringing the rights of the Plaintiff’s spouse.
As a result, it is obvious in light of the empirical rule that the plaintiff suffered from mental suffering, the defendant is obligated to pay back the plaintiff's mental suffering in money.
3. As to the scope of consolation money, comprehensively taking account of various circumstances shown in the argument of the instant case, such as health group, the period of marriage and family relationship between the Plaintiff and C, the period and degree of fraudulent act between the Defendant and C, attitude after the fraudulent act, and the Plaintiff’s impact on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 15,00,000.
4. If so, the defendant should pay consolation money to the plaintiff 15,000,000 won and this.