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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from December 20, 2018 to October 16, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legal married couple who completed the marriage report on December 17, 1996, and have one male and female children who have attained majority.
B. From around 2017, the Defendant and C sent to the present time ad hoc contact, and the Defendant and C sent to the present.
[Ground of recognition] Facts without dispute, entries and images of evidence A1 to 4, 6, and 8, and the purport of the whole pleadings
2. Determination on the cause of the claim
(a) An act that a third party who has a liability for damages causes mental distress to the spouse by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, constitutes a tort;
(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). “Cheating” in this context refers to not limited to gender relations, but to all acts that are not faithful to the husband’s duty of good faith, and whether such acts are illegal or not shall be evaluated in consideration of the degree and circumstances depending on specific cases.
(see, e.g., Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). According to the facts and legal principles as seen above, the defendant committed an unlawful act, such as having knowledge that C is a spouse, by communicating C with several times and communicating, and having only talked with C. This constitutes a tort against the plaintiff, and it is obvious in light of the empirical rule that the plaintiff suffered severe mental pain.
The defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.
B. As to the amount of consolation money within the scope of liability for damages, the amount of consolation money shall be determined at KRW 15,00,000, taking into consideration the various circumstances shown in the pleadings of the instant case, such as health group, the period of marriage between the Plaintiff and C, the extent of the Defendant’s wrongful act, the influence of the Defendant’s wrongful act on the Plaintiff’s common life, and the progress before and after