beta
Text
1. The Defendant’s KRW 13,00,000 as well as 5% per annum from June 23, 2017 to February 14, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 19, 198, the Plaintiff married with C on September 4, 2003, but married on September 15, 2003, and completed the marriage report again with C on June 15, 2009.
B. From May 2015, the Defendant: (a) known that he/she had a spouse for about two years from May 2015, and conspired with C.
C. The Plaintiff and C maintain the legal marital relationship until now.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 11, and 14 (including branch numbers, if any) and the purport of the whole pleadings
2. In a case where a third party who was liable for damages commits an unlawful act with a party of the married couple, it constitutes a tort by infringing the rights of the husband or wife who is the other party, unless there is intention or negligence, so long as there is an infringement on the rights of the husband or wife who is the other party.
(See Supreme Court Decision 2010Meu79 Decided September 9, 2010, etc.). In addition, “illegal act committed by a spouse” as a ground for judicial divorce under Article 840 subparag. 1 of the Civil Act is a larger concept that includes the adultery, and includes any unlawful act that does not reach the adultery, but does not faithfully fulfill the marital duty (see, e.g., Supreme Court Decision 2010Meu4095, Nov. 28, 2013). According to the above recognized facts, it is reasonable to deem that the Defendant committed an unlawful act with C even though he/she had a spouse, and as such, in light of the empirical rule, it is obvious that the Plaintiff suffered emotional distress from the Plaintiff, the Defendant has a duty to compensate for mental distress suffered by the Plaintiff in money.
3. As to the scope of compensation for damages and the amount of consolation money, the amount of consolation money to be paid by the Defendant to the Plaintiff is determined as KRW 13 million, considering the health team, the period of marriage between the Plaintiff and C, family relations, the content, degree and period of the misconduct committed by the Defendant and C, the influence of the above misconduct on the marriage between the Plaintiff and C, and all the circumstances shown in the argument of the instant case.