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1. The Defendant’s KRW 7,00,000 and the following day shall be 5% per annum from July 22, 2015 to February 3, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff and C are legally married couple on October 24, 2006 and have one child under their chains.
B. Around August 2013, the Defendant was employed as an employee of the beauty art room operated by C and became aware of C, and around April 30, 2015, the Defendant concluded an inappropriate relationship, such as having sexual intercourse, with C knowing that C was in a state of marriage.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination:
A. A third party who has a liability for damages shall not interfere with a marital life falling under the essence of marriage by intervening in a marital life of another person and causing a failure of the marital life. The third party's act of infringing on the marital life falling under the essence of marriage by committing an unlawful act with one of the married couple, or interfering with the maintenance thereof, and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, in principle, constitutes tort.
(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). According to the above facts, the defendant, despite being aware that C is a spouse, entered into an inappropriate relationship with C, and thereby, the plaintiff's marital life was infringed or the maintenance thereof was interfered with. Thus, the defendant has a duty to pay mental pain suffered by the plaintiff in money.
B. In light of all the circumstances revealed in the pleadings of the instant case, including the scope of liability for damages and the amount of consolation money that the Defendant is liable to pay to the Defendant, the Defendant was an employee of the beauty art room operated by C, the marriage period and family relationship between the Plaintiff and C, the period and degree of fraudulent act between the Defendant and C, and the Plaintiff’s divorce, etc., the amount of consolation money shall be set at KRW 7,00,000.
C. If so, the defendant is from July 22, 2015, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff against the plaintiff as consolation money of KRW 7,000,000.