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The defendant's KRW 15,00,000 and about this, 5% per annum from June 25, 2020 to October 21, 2020 to the plaintiff.
Reasons
1. Facts of recognition;
A. On March 4, 2013, the Plaintiff is a legally married couple who completed the marriage report with C on March 4, 2013 and has two minor children.
B. On May 2020, the Defendant came to know C at the Internet-friendly group around early 2020, and even around that time, even though being aware of C’s marriage, maintained illegal relations, such as exchanging inappropriate contact with C by means of mobile phone messages, telephone conversations, etc., or having sexual relations.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6, 7 (including branch numbers if there are branch numbers) and the purport of the whole pleadings
2. Determination
A. In a case where one side of the couple's liability for damages was caused by an unlawful act, the other side of the couple is liable for damages caused by a tort against the spouse's mental suffering. Meanwhile, the third party shall not interfere with the couple's common life corresponding to the essence of the marriage by engaging in the other party's common life. Thus, the third party's act of infringing on the couple's common life corresponding to the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's rights as the spouse, in principle, constitutes tort.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the foregoing facts, the Defendant committed an unlawful act, such as exchanging inappropriate contact with C, a spouse of the Plaintiff, and having sexual intercourse, thereby infringing the Plaintiff’s community life and interfering with their maintenance. In light of the empirical rule, it is obvious that the Plaintiff suffered considerable mental pain due to the Defendant’s tort, and thus, the Defendant is obliged to pay consolation money to the Plaintiff.
B. As to the scope of liability for damages, the amount of consolation money, the Plaintiff’s age, family relationship, and the Plaintiff.