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1. The Defendant: (a) KRW 30,00,000 and the Plaintiff’s annual rate from November 9, 2018 to May 17, 2019; and (b) May 18, 2019.
Reasons
1. Basic facts
A. The plaintiff and C are legally married couple who completed the marriage report on December 20, 1994, and have one male and female children under their chain.
B. The Defendant knew of the fact that C is the father-child with a child under the legal wife and chain, at least from around August 2013 to August 2018, which was the day before the instant lawsuit was filed, and entered into an inhumanity relationship, such as having sexual intercourse from time to time.
C. On August 2018, C requested the Plaintiff to divorce, and thus, the marriage relationship and family between the Plaintiff and C were faced with the crisis of the failure due to the influence of the foregoing inhumane relationship.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 10 (including the number of branch offices), the fact inquiry results against the head of the branch office as Seoul Immigration Authority for foreigners and foreigners of the Republic of Korea, and the purport of the entire pleadings
2. Determination
A. According to the above facts, it is reasonable to view that the defendant's continuation of a bad faith relationship for several years with C constitutes a tort against the plaintiff, who is a legal spouse, and thereby the plaintiff suffered mental suffering. Thus, the defendant is obligated to pay consolation money to the plaintiff.
B. On September 2014, the gist of the Defendant’s assertion of extinctive prescription is as follows: (a) the Plaintiff became aware of the fact that C and the Defendant’s unknown fact through C’s Handphone around September 2014; and (b) the Defendant’s liability for damages has already been completed as of September 27, 2018, which was the date of receipt of the complaint of this case; (c) the extinctive prescription on the ground of a tort for three years as stipulated in Article 766(1) of the Civil Act was completed; (d) the “date when the Plaintiff became aware of the damage and the offender” as stipulated in Article 766(1) of the Civil Act, which is the starting point of the short-term extinctive prescription for the claim for damages caused by tort, means not only the time when the Plaintiff became aware of the occurrence of the