1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 30, 2019 to August 21, 2019.

Basic Facts

The plaintiff is a legal couple with C on December 22, 1997, who has three children under the chain of law.

From November to December, 2018, the Defendant committed an unlawful act, such as having a sexual intercourse with C several times with knowledge that C is prone, and having a verbal expression through D message.

[Ground of recognition] There is no dispute, and the third party who made a judgment as to the grounds for a claim as to the whole of the arguments and arguments shall not interfere with the marital community falling under the essence of the marriage, such as intervention in the marital community of others, thereby causing the failure of the marital community.

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the defendant committed an unlawful act even though he/she is a spouse of C. Since the defendant's act infringed upon the plaintiff's marital relationship or interfered with the maintenance thereof, the defendant has a duty to pay mental pain suffered by the plaintiff in money.

As to the amount of consolation money that the Defendant is liable for, comprehensively taking account of various circumstances shown in the pleadings of the instant case, such as health class, the content and degree of the Defendant’s unlawful act, period, the marriage period and family relationship of the Plaintiff and C, and the impact of the Defendant’s unlawful act on the Plaintiff’s marital life, it is reasonable to determine the amount of consolation money that the Defendant is liable for compensation to the Plaintiff as KRW 1

Therefore, the defendant is from January 30, 2019, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff as a result of tort damages to the plaintiff.