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1. The Defendant’s KRW 20,000,000 and the Plaintiff’s annual rate of KRW 5% from November 16, 2018 to July 23, 2019.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 7, Eul evidence 2, 3, and 4:
On March 26, 2000, the plaintiff has been married with C on March 26, 200 and has maintained the marital relationship until now.
B. The Defendant knowingly committed an unlawful act, such as having a sexual intercourse with C during the seven-year period from around 2011 to around 2018, knowing that C was a female.
2. Judgment on the parties’ assertion
A. The gist of the plaintiff's assertion 1) The defendant is obligated to pay consolation money for mental distress inflicted by the defendant's wife C and unlawful act to the plaintiff. 2) The defendant is obligated to pay consolation money for mental distress caused by the defendant: The active old-age relationship between the plaintiff and C was commenced; at the time, the community life of the plaintiff and C had already been broken down and could not be recovered; and the mental shock suffered by the defendant is also very great.
B. According to the facts acknowledged prior to the judgment and the quoted evidence, it is sufficiently recognized that the act by the defendant and C is sufficient, and the evidence submitted by the defendant alone is insufficient to recognize that the marital relationship between the plaintiff and C was in a de facto distress state at the time of the above misconduct. Thus, it is reasonable to deem that the defendant infringed on or obstructed the marital life between the plaintiff and C, infringed the plaintiff's right to it, thereby suffering mental distress to the plaintiff. Accordingly, the defendant has a duty to pay consolation money in money, and even considering the various circumstances of the defendant's assertion, it is difficult to avoid
Furthermore, with respect to the amount of consolation money that the defendant is liable to compensate for to the plaintiff, the background leading up to the fraudulent act by the defendant and C, the details, degree and degree of such fraudulent act.