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The defendant shall pay 25,00,000 won to the plaintiff and 5% per annum from May 15, 2020 to November 13, 2020 and the next day.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who completed the marriage report with C on December 28, 2011.
The plaintiff has a child who was born in 2015 between C and C.
B. Around January 2020, the Defendant: (a) knew that C is a spouse; (b) provided a teaching system with C.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 10, the purport of the whole pleadings
2. Determination
A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing emotional distress to the spouse, constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 201). 2) According to the above facts acknowledged, the Defendant, even though he/she is aware that he/she is a spouse, has committed unlawful act with C, thereby infringing on or impeding the Plaintiff’s communal life with C, and thus, is liable to compensate for emotional distress inflicted on the Plaintiff.
B. In full view of all the circumstances revealed in the records and arguments, including the Plaintiff and C’s marriage period and family relationship, the background of the instant case, the period and degree of the Defendant and C’s wrongful act, and the Defendant’s attitude after the Plaintiff became aware of the instant wrongful act, consolation money shall be KRW 25,00,000.
C. According to the theory of lawsuit, the defendant is obligated to pay to the plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act from May 15, 2020 to November 13, 2020, which is the date following the delivery date of a copy of the complaint of this case filed by the plaintiff, which is clear after the date of the defendant's illegal act, to the plaintiff. The defendant is obligated to pay to the plaintiff damages for delay calculated by the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment.
3. As such, the claim of this case is to be recognized.