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1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from March 15, 2019 to July 24, 2019.
Reasons
1. According to the purport of evidence Nos. 1 to 22 (including paper numbers) and the entire pleadings, the Plaintiff and C, who completed a marriage report on June 15, 2007, may recognize the fact that they had maintained a relationship with C even though they were aware that C had a spouse since June 2018.
According to the above facts of recognition, it is reasonable to view that the defendant committed unlawful acts with C, thereby infringing upon the marital life between C and C, and infringed upon the spouse's rights, thereby suffering from mental pain to the plaintiff.
The defendant is obligated to pay consolation money for tort to the plaintiff.
2. In full view of all the circumstances shown in the arguments in the instant case, such as the contents and degree of fraudulent act within the scope of liability for damages, the marriage period and family relationship of the Plaintiff and C, and the influence of the act of improper conduct on the Plaintiff’s marital relations, it is reasonable to determine the amount of consolation money as KRW 10
Therefore, the defendant is obligated to pay the plaintiff 10,00,000 consolation money for tort and damages for delay calculated at each rate of 5% per annum under the Civil Act from March 15, 2019 to July 24, 2019, which is the date following the delivery date of a copy of the complaint of this case sought by the plaintiff as a result of the illegal act, to the day after the delivery date of the copy of the complaint of this case.
3. In conclusion, the Plaintiff’s claim for damages for delay exceeding 12% per annum pursuant to the amended provision on statutory interest rate under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall not be accepted. Thus, the Plaintiff’s claim is accepted within the scope of the above recognition as reasonable, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.