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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from March 22, 2018 to the date of complete payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings and arguments as to the descriptions or videos of Gap evidence Nos. 1 through 14, and 16 through 18, the plaintiff is a woman who married with C on July 11, 2011 and has a child under one’s name, and the defendant maintained a non-humanity relationship with C and was dismissed on May 2017. Since then, the non-humanity relationship continues to be determined, such as raising a photo with C on social media and selling the plaintiff.
2. Determination
A. The “illegal act” of the spouse as stipulated in Article 840 subparag. 1 of the Civil Act, which caused the liability for damages, includes any unlawful act that does not reach a common sense as well as a broad concept but does 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 set at KRW 30,000,000, comprehensively taking into account the following factors: (a) the scope of liability for damages and the period of marriage between the Plaintiff and C, the degree of failure in marriage, the period and content of misconduct between C and the Defendant, the Defendant’
C. Accordingly, according to the theory of lawsuit, the Defendant is liable to compensate the Plaintiff for damages amounting to KRW 30,000,000 as damages and from March 22, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.