기타(금전)
1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and 5% per annum from February 11, 2015 to December 18, 2015; and (b) the Plaintiff.
1. Facts recognized;
A. The Plaintiff and C are legally married couple who completed the marriage report on March 5, 2012.
B. On October 8, 2014, while the Defendant came to know with C through SNS around August 2014, the Defendant was contacted by the Plaintiff on October 8, 2014, that “C is the wife, with C,” and, however, went to C and travel from October 9, 2014 to October 14, 2014 on the following day.
C. C: (a) on October 2014 or January 1, 2014, and (b) on the Defendant’s residence, C was living together with the Defendant.
On the other hand, on November 22, 2014, the Plaintiff entered the above residence where the Defendant and C were together with, and went beyond 10 times with the Defendant’s body and the head debt.
[Ground of Recognition] Facts without dispute, Gap evidence 1-1 to 4, evidence 2-1, evidence 3, evidence 4, evidence 5-1 to 30, evidence 6-1, 2, 7-1, 2, 12, evidence 16, evidence 3, and the purport of whole pleadings
2. Determination on the cause of the claim
(a) Where a spouse commits an unlawful act with a person who has a spouse, thereby causing the failure of the marriage, the person who committed such an unlawful act and the person who committed such an unlawful act shall be liable to constitute a tort against the spouse, and thereby, the person shall have a duty to inflict mental suffering on the spouse;
In addition, "Cheating" under Article 840 (1) of the Civil Code is a broad concept including any other fraudulent acts that are deemed not faithful to the husband's duty of mutual assistance, even if they did not reach the common sense as a wider concept, including the adultery.
B. According to the above facts, from October 8, 2014, the defendant committed an unlawful act with knowledge that C is a spouse from around October 8, 2014, and thereby provided an important cause for causing the failure of the marriage between the plaintiff and C. Therefore, the defendant is liable to compensate for mental damage suffered by the plaintiff.
C. Regarding the amount of consolation money, the Plaintiff and C.