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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 6, 2017 to July 17, 2018.
Reasons
1. Basic facts
A. The plaintiff is a husband and wife who completed the marriage report on June 2, 1993.
B. C operated a motor vehicle maintenance business with the trade name of “E” in Ulsan-gu D and a towing business entity with “F,” and the Defendant who visited the motor vehicle maintenance around 2004.
C. The Defendant, around around October 2012, entered into the first sex relationship with C and brought about C with awareness that C had a legal spouse until October 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, witness C's testimony, and purport of oral argument
2. Determination
(a) A third party shall not interfere with a married couple’s communal living which is equivalent to the nature of the marriage, such as interfering with a couple’s communal living by causing a failure of a married couple’s communal living;
In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.
(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). According to the above basic facts, the Defendant, even though being aware that C was a person in a legal marital relationship with the Plaintiff, continued to maintain the relationship and infringed the Plaintiff’s community life, and it is obvious in light of the empirical rule that the Plaintiff had suffered considerable mental pain due to such tort, barring any special circumstance, is obliged to pay a monetary suffering suffered by the Plaintiff.
Considering all circumstances, such as health care unit, marriage period between the Plaintiff and C, content, degree, and duration of the Defendant and C’s wrongful act, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 15,00,000.
Therefore, barring any special circumstance, the defendant is a tort against the plaintiff, 15,000,000 won as consolation money, and the plaintiff is a tort.