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1. The defendant shall pay to the plaintiff KRW 15,00,000 as well as 5% per annum from January 30, 2020 to October 14, 2020.
Reasons
1. According to the overall purport of evidence Nos. 1 through 4 and all pleadings, the Plaintiff (1975) married with her husband C (hereinafter “her husband”) and has two children of 199 and 201, who were born in 2001. The Defendant, even though he/she was aware that he/she was married, has maintained an inappropriate relationship with the Nonparty, such as living together with the Nonparty since 2017. Accordingly, on August 2018, the Plaintiff may recognize the fact that the agreement with the Nonparty was brought about by divorce.
2. Determination
(a) It shall not interfere with a married couple’s communal living falling under the nature of the marriage, such as where a third party who is recognized as a solatium 15 million won intervenes in a couple’s communal living of another person, causing the failure of a couple’s communal living;
An act of a third party who causes mental pain to the spouse by infringing on or interfering with a common life of the married couple falling under the essence of marriage and by infringing on the rights of the spouse as the spouse, shall constitute a tort.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). Therefore, the Defendant is obligated to compensate for the Plaintiff’s mental suffering. Therefore, the amount of consolation money is determined to the extent of KRW 15 million in consideration of all the circumstances, such as health class, the Plaintiff’s age, marriage period, children’s relationship, details of agreement on division of property between the Plaintiff and the Nonparty.
B. As to the Defendant’s assertion, the Defendant agreed on the amount of damages as KRW 10 million with the Plaintiff, and accordingly, the Defendant cannot accept the Plaintiff’s claim since it paid KRW 10 million to the Plaintiff. However, since there is no evidence to acknowledge the Defendant’s assertion, the above assertion is rejected.
[No evidence exists to prove that the Defendant agreed on the amount of damages as KRW 10 million between the Plaintiff and the Plaintiff, and rather, Eul evidence Nos. 1 through 3 (Serial number).